In August 2022, the Renters Reform Bill was published confirming that private landlords will no longer be able to evict tenants at the end of their tenancy without giving a good legal reason or without providing a longer notice period.
This was referred to as a ban on ‘no fault evictions’ which is in reference to the Section 21 route to possession.
Late last year, Liz Truss confirmed that the renters ban will go ahead, and the ban is likely due to become law this year.
Following the ban coming into place, it is likely that the section 21 process will be removed all together. The government have not yet confirmed how they are intending to replace the ‘no fault’ eviction process but it is likely that we could see further grounds added to the section 8 process.
If any landlord in England is considering obtaining possession of their property using the section 21 process, they should consider starting this process as soon as possible before they no longer have the option to do so.
In Wales, the above changes have already come into force. The Renting Homes (Wales) Act 2016 came into effect on 1 December 2022 and all the regulations made under the Act came into force on this date.
A landlord will still be able to issue a ‘no fault’ notice to end a periodic contract however, the section 21 process in Wales is being replaced by a ‘Landlord’s Notice’ under the Act. Section 173 enables a landlord to regain possession without having to give a reason for doing so.
The main difference in Wales is the length of notice period landlords will be required to give. Any contracts signed before 1 December, and which are periodic tenancies on that date, the usual two-month notice period will apply.
For fixed term tenancies that subsequently become periodic after 1 December (if the landlord does not seek possession at the end of the fixed term by issuing a two-month no-fault notice), a six-month notice will apply to the substitute periodic contract that follows the fixed term.
Any landlord looking to obtain possession in Wales using the Section 21 route must now follow the revised rules as per the Renting Homes (Wales) Act 2016.
Further information on the Renting Homes (Wales) Act 2016 and the new obligations required of landlords in Wales can be found here.