Banning Section 21:

The Housing Secretary James Brokenshire has made a statement to the House of Commons, also read out in the Lords, giving more information about the forthcoming housing reforms in England.

This follows his announcement last week that the Government plans to consult on banning Section 21, and a subsequent announcement in Wales that Section 21 was to be scrapped there. Similar reforms were brought in in Scotland in December 2017.

In his statement to the House this week James Brokenshire said that the forthcoming Government consultation will be “the start of a longer process” which will then introduce reforms to the housing market.

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In his statement Mr Brokenshire said:

“You will have seen that last week I announced reforms to the legislative framework governing how private tenancies can be ended in England to improve security in the private rented sector for both tenants and landlords. This announcement followed my department’s recent consultation on ‘Overcoming the Barriers to Longer Tenancies’. I also published the government’s response to this consultation.

“The private rented sector has changed dramatically in the last twenty years, and the sector needs to keep pace with these changes. The number of people who live in the private rented sector has doubled, and it is home to more families with children and older people. These households need stability and security in their home.

“The current legislative framework leaves tenants feeling insecure. They can be asked to leave their homes, with as little as two months’ notice, without the landlord providing any reason, using eviction proceedings under Section 21 of the Housing Act 1988. This sense of insecurity can profoundly affect the ability of renters to plan for the future, to manage their finances or to put down roots in their local communities.

“The government intends to establish a fairer system for both tenants and landlords by legislating to repeal Section 21 of the Housing Act 1988. Bringing an end to so-called ‘no fault evictions’, would mean that a tenant cannot be forced to leave their home unless the landlord can prove a specified ground, such as rent arrears or breach of tenancy agreement. It would provide tenants with more stability and protect them from having to make frequent and short notice moves. It would also empower tenants to challenge their landlord about poor property standards where this occurs, without the worry of being evicted as a result of making a complaint.

“The private rented sector must also remain a stable and secure market for landlords to continue to invest in. The legislation I intend to introduce will include measures that provide landlords with additional safeguards to successfully manage their properties. We will strengthen the existing grounds for eviction available to landlords under Section 8 of the Housing Act 1988. This will allow the landlord to regain their property when they want to sell it or move into it themselves.

“It is important that landlords can have confidence that the court system works for them in instances when there is no other option but to seek possession of their property through the courts. That is why this announcement includes improvements to court processes, to make it quicker and smoother for landlords to regain their properties when they have a legitimate reason to do so.

“Removing no-fault evictions is a significant step. This announcement is the start of a longer process to introduce these reforms. We want to build a consensus on a package of reforms to improve security for tenants while providing landlords with the confidence that they have the tools they need.

“We will launch a consultation on the details of a better system that will work for landlords and tenants. The government will collaborate with and listen to landlords, tenants and others in the private rented sector to develop a new deal for renting. Ministers will also work with other types of housing providers outside of the private rented sector who use these powers and use the consultation to make sure the new system works effectively.”

https://www.parliament.uk/writtenstatements

©LandlordZONE® – legal content applies primarily to England and is not a definitive statement of the law, always seek professional advice.

4 COMMENTS

  1. Government interference for votes. They have ruined social housing by selling off stock under the right to buy scheme and now they will ruin the private sector too.
    Section 21 is the only reliable method of gaining possession form a rogue tenant. Section 8 is slow, laborious and take FOREVER leaving landlords massively out of pocket in fees and arrears.
    I have had several instances of tenants in arrears seeking advice from the local council who actively guide tenants on how to drag out the section 8 process to avoid repossession. That’s local government paid for by my taxes advising delinquent tenants on how to shaft me for as long as possible.
    Luckily these days I have good long term tenant of over 3 years but these proposed changes WILL result in me selling up and moving tenants on prior to the changes and I am not alone, many other landlords plan to do the same.
    Pretty soon there won’t be a private rental sector and with council houses all but sold where will tenants live then – The houses of parliament?

    Idiots.

  2. I agree with Mark, I have just served a Section 21 Notice to regain possession of my property to sell before this legislation to remove the Section 21 notice comes into force. I do not want to be put into the position of not being able to easily gain possession of my property and incur heavy expense in going down the section 8 route. Like Mark a number of my friends who have rental properties are also doing this. The government are therefore creating a problem for themselves as if the private renting sector are not prepared to now provide the numbers of rental properties needed where are the Council going to get money from to house those people who cannot afford to buy now that large stocks of council owned properties have been sold off under the Right to Buy Scheme at knockdown prices and the Councils have spent those funds?
    A S

    • You are right
      A GOOD LANDLORD NEVER NEEDS TO EVICT A GOOD TENANT BUT SCRAPING SECTION 21 JUST TELLS US THIS GOVERNMENT AND BROKENSHIRE HAS GOT NOTHING LEFT .
      THIS BROKENSHIRE WAS MY LOCAL MP IN HORNCHURCH AND HE WAS AN IDIOT THEN AND STILL IS

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