Surge in ‘No- Fault Evictions’

Section 21 of the Housing Act 1988 allows a private Landlord to end an Assured Shorthold Tenancy without providing a reason or ground for possession. They are therefore known as “no fault evictions.”

The process that a Landlord must follow is to firstly provide the Tenant with a valid Section 21 notice, then issue Court Proceedings to obtain a Possession Order, often using what is known as the Accelerated Possession Procedure, meaning the a Possession Order can potentially be obtained without the need for a Court Hearing. If the Tenant has then not vacated the property by the expiry date of the Possession Order, the Landlord can then apply for a Warrant of Eviction from the Court Bailiffs.

The Government formerly announced a Bill (the ‘Renters (Reform) Bill’) proposing to ban Section 21 evictions in England. As a result, the BBC reported that the number of these type of evictions had surged by almost 50% last year, compared with 2022. In addition to the sharp rise in bailiff evictions, the number of section 21 Notices reportedly rose to a seven year high.

However, the Government has not managed to have the Bill passed before Parliament’s deadline to ensure that it becomes law in time before the forthcoming general election. It therefore means that this area of law is entirely unclear with the general election now on the horizon which will no doubt be causing concern for both Landlords and Tenants alike. It is clear however that the sharp rise in the use of the Section 21 procedure in recent times is reflective of the concern that private Landlords feel about the previous announcements.

For advice and assistance please contact our Housing Law specialists on 01455 637030 or enquiries@ldjsolicitors.co.uk.