No-fault evictions: update 29 March 2024

Followers of our regular updates will be familiar with our commentary on the controversial no-fault eviction proposals.

In essence, these ‘section 21 notices’ (contained in the Housing Act 1988) enable private landlords to take back possession of their property from tenants who have assured shorthold tenancies, and without the landlord having to establish any grounds to take that step. This is clearly very problematic for tenants.

The first political suggestion of abolishing this practice appeared in April 2019, and was shortly followed by a pledge in the Conservative manifesto in 2019.

Over time, the proposals have divided opinion and have been the subject of much political debate.

One reason for resistance to remove no-fault eviction is that already pressured court time will be taken up with having to determine whether a landlord has a legitimate reason to take their property back. This might be, for example, a breach of covenant such as creating a noise nuisance, or other anti-social behaviour.

The most recent formal position has been set out by Michael Gove, the UK Housing Minister, earlier this month. It was then stated that no-fault evictions will be banned in time for the general election this year, although timings are unclear.

Well known news sources (Sky News/BBC News) have both confirmed overnight that Michael Gove is now under some pressure to take more active steps as it is reported that 100 council leaders have backed calls for meaningful reform.

The draft solution, known as the ‘Renters (Reform) Bill’ was made public in May 2023. However, in the last 24 hours, it appears that some 50 Conservative MPs are resisting any dilution to the no-fault process, and which predictably has created yet further debate.

Whatever the outcome, we will be delighted to provide regular updates so that our clients can be fully informed.

If you need any further information or legal advice, including conveyancing of a property in England, please contact our designated UKRE team Anna Douglass, Alastair Hargreaves, Caren Vidamour and Naledi Odiseng, who will be delighted to assist.