With the no-fault eviction ban in the England, around 11 million tenants will be at ease as the private landlords will no longer be able to evict them at short notice without any reasons.
No-fault Eviction or Section 21 rule currently enables a landlord to evict a tenant from their tenancy without any reason. This has been a major contributor to home insecurity and homelessness among the renters in the UK.
With the end of section 21 evictions – landlords can no longer force tenants to leave a property without solid legal reasons.
While it is not clear when the ban will come into place, getting this new legislation through parliament is critical to people being able to stay in their rented home as long as they need.
What is Section 21?
Section 21 is a rule that enables a private landlord to force a tenant to leave a property with eight weeks’ notice once their rental contract has ended.
For example, you may have been renting a property for three years and wish to sign up for another 12 months – but if your landlord serves you a Section 21 notice, you will have to leave.
How Section 21 is misused?
There are concerns that Section 21 is being abused by rogue landlords to get rid of tenants for spurious reasons.
• It was being used to “intimidate tenants into keeping quiet about disrepair or poor practice”.
• It could push people into homelessness while also giving families limited security and stopping them from putting down roots in their community.
Why tenants are upset about No-Fault Eviction?
Usually, “No Fault Eviction” happens when the tenant is evicted through no fault of their own. What is upsetting to the tenant is they’re evicted even after paying their rent on time and following the rules.
It happens, if the landlord decides at the end of the tenant’s lease term that he no longer wishes to rent to that tenant. He has chosen not to renew the lease or let it run on perhaps on a month to month term.
If the landlord chooses not to renew the lease, he will ask the tenant to vacate the property. Usually this is done by letter at least a month or more before the landlord wants to retake possession of the property. However this time frame could vary depending on state and local laws or the terms of the lease.
Most of the time, the tenant chooses to leave and find a new place to live. But sometimes they do not. They want to stay despite the landlord’s wishes. If that happens, the landlord is them forced to evict the tenant.
What will be the impact of the ban on landlords?
Under the new system, Private landlords will no longer be able to evict tenants at the end of their rental contracts without giving a good legal reason and long notice.
• The move on ban could discourage investment in new homes in the private rental sector when local councils have huge waiting lists for social and affordable housing.
• The landlords may lose confidence in investing in new homes.
Benefits of the Section 21 Ban for Renters
This change will put a break on unstable short-term tenancies and give tenants everywhere a massive boost in security.
• It would give renters long-term certainty and protection against unfair evictions.
• It'll put an end to costly rent increases and sub-standard homes as well as to stop unfair evictions.
Could You Still Be Evicted Without Section 21?
Landlords can rely on the existing Section 8 eviction route if you’re in rent arrears, have engaged in criminal or antisocial behaviour, or have broken the terms of your tenancy.
But without Section 21, landlords need to jump through more hoops – and for tenants, Section 8 notices are easier to appeal, as a landlord needs to take you to court to enforce one.
Getting this new legislation through parliament is critical to people being able to stay in their rented home as long as they need, so renters are looking forward to the government passing this law as quickly as possible.