The government has said it wants to ban outright Section 21 ‘no fault’ eviction powers in England and Wales.
Instead landlords seeking to evict tenants would have to use Section 8, which can be implemented when a tenant has fallen into rent arrears, has been involved in criminal or antisocial behaviour or has broken terms of the rent agreement, such as damaging the property. The government says it will amend Section 8 to allow it to be used by landlords if they want to sell the property or move back in themselves. Unlike S21, tenants can challenge S8 evictions in many cases.
Whilst this legislation is still some way off and will be preceded by a consultation period with industry stakeholders, it is clear that this issue ranks as the current number one concern amongst landlords, given the amount of calls we have received into the office since the news was announced a few weeks ago.
Whilst on the face of it, this appears yet another hurdle for landlords to overcome, there is a growing consensus of opinion that reform may actually simplify the process through a streamlined and relaunched Section 8 approach. David James will be following the consultation and legislative process closely over the coming months and will continue to keep you updated of progress as it is announced.