The Renters’ Rights Bill is set to make various changes to the private renting sector. In line with the proposed changes, assured shorthold tenancy agreements, fixed term assured tenancy agreements, and the Section 21 procedure for evicting a tenant are intended to be abolished. Once the Renters’ Rights Bill has passed, all tenancy agreements will thereafter automatically become periodic.
Currently, when a landlord is looking to evict a tenant, on the basis that the various prescribed requirements and the landlord’s duties have been properly adhered to, a landlord can regain possession of their property by way of Section 21 of the Housing Act 1988. This is often referred to as a no fault eviction and allows a landlord to evict a tenant at any time after a fixed term tenancy ends (if there is a written contract) or during a tenancy with no fixed end date (known as a periodic tenancy), provided it has been more than 4 months since the tenancy started.
It is proposed that although the Section 21 procedure will no longer be available to landlords, various grounds for possession are to be introduced in consideration of this change. This is intended to give more security to tenants while also allowing landlords to regain possession of their property when it is considered, under Section 8 as set to be amended, reasonable to do so.
The Section 8 process can often be more costly and time consuming for the landlord than that of the Section 21, as there will be at least one Court hearing listed - which is not always necessary for Section 21 if the accelerated procedure can be used. The Section 8 process can be utilised if a landlord is able to evidence that at least one of the grounds for possession has been satisfied. The grounds are categorised into discretionary grounds and mandatory grounds, the most common current mandatory ground being ground 8 - the tenant owes at least 2 months' rent. This is often supported by the discretionary grounds 10 (tenant owes some rent) and 11 (tenant keeps paying rent late). New grounds are set to be introduced, and existing grounds may be amended in consideration of the proposed changes.
Changes are still being made to the Renters’ Rights Bill and during this uncertain period, it is always advisable that you seek legal advice in order to understand how these changes might affect you.
Get in touch
For advice and assistance in evicting a tenant, please contact a member of our specialist Property Litigation team on 01527 831691 or email Katie Stubbs at katie.stubbs@mfgsolicitors.com.
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