In this week's episode, Suzanne Smith and Richard Jackson discuss the practicalities of what will happen when the Renters' Rights Bill will abolish Section 21 "no fault" evictions for landlords in England.
They cover: what is Section 21, how Section 8 will replace Section 21, the key new and changed grounds for possession, when it's going to come into effect, and what landlords will need to do to adapt to the new regime. They also share their reflections on this new Bill.
As always, it's a very practical episode.
PS As a general caveat, it's still very early days with the Renters' Rights Bill. The Bill is really difficult to understand, and we may well change our views on how to interpret it. It may also change as it goes through parliament. Before taking significant action, do get advice from a specialist solicitor. You can contact us by sending us a message on our contact page if you would like a referral.
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What we cover in this episodeWhat is Section 21?What will replace Section 21?What is Section 8?When is Section 21 going to be abolished?Tips for adapting to the new regime
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What is Section 21?
Section 21 of the Housing Act 1988 gives landlords the right to evict tenants without needing to give a reason. So long as that landlord serves a valid notice using Form 6A, which is on the government website, they give two months notice plus a few days for service (and assuming the landlord has, of course, served all the relevant documents when they needed to), then the landlord will get the property back.
The landlord doesn't need to give a reason. It doesn't mean there is no reason, just that they don' need to explain their reason.
>> Blog post: How and when will Labour abolish Section 21 no fault evictions?
What will replace Section 21?
The only way landlords will be able to bring a tenancy to an end after Section 21 is abolished is by using the Section 8 process.
What is Section 8?
Section 8 is from the Housing Act 1988 and allows landlords to evict tenants when they have a specific grounds or a reason. The landlord needs to provide evidence of the ground.
There are two types of grounds:
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