Update on the Renters (Reform) Bill and “No-Fault” Evictions

Section 21 ‘no-fault‘ evictions are a provision of the Housing Act 1988 which, in general terms and subject to certain preconditions, allows landlords to evict tenants at the end of the fixed term of an assured shorthold tenancy without providing a reason and on giving at least two months’ notice. The Government confirmed its intention to abolish ‘no fault’ evictions in 2019, and was reiterated by Michael Gove in February 2024.

Banning ’no-fault’ evictions has become a central point of The Renters (Reform) Bill, which passed its third reading in the House of Commons on 24 April 2024 and is now with the House of Lords for further consideration. The Bill aims to introduce better protection for renters and an overall fairer private rented sector. By abolishing ‘no-fault’ evictions, landlords would only be able evict tenants under certain ‘reasonable’ circumstances, for example when they want to sell the property or when a close family member wants to move in.

After receiving criticism from landlords about these changes, and the fear of overwhelming courts with more complex eviction cases, on 24 April 2024 MPs voted in favour of an indefinite delay to the ban to allow the Justice Secretary to assess the significant reforms required to an already strained court system to enable it to manage the likely increase in disputed possession claims once the ban on ’no-fault‘ evictions is introduced.

The Bill in its current form has lost considerable support from charities and campaigners who believe the recent amendments have watered down the Bill to the point of rendering it inadequate. By contrast, the National Residential Landlords Association is supportive of the Government’s changes which it considers strikes a fair balance between tenants and landlords. Whilst the introduction of the ban has been delayed, Michael Gove’s intention is for the Bill to become law before the next general election.

If you would like advice in relation to the draft Bill or possession proceedings generally, please contact either Meera Patel or Rhiannon Saunders.