Renters’ Reform Bill: what are ‘no fault’ Section 21 evictions and when will they be banned?

The Government will introduce legislation to strengthen the rights of tenants and ensure better quality, safer homes, Prince Charles said in the Queen's Speech today.

 Matt Writtle: Rental properties in London

Among the 38 Bills outlined during the State Opening of Parliament was the Renters' Reform Bill which will abolish “no fault” Section 21 evictions and strengthen landlords’ rights of possession, and will seek to provide a “fair and effective market” for both tenants and landlords.

The proposed ban on Section 21 notices mentioned in today's speech, delivered by Prince Charles on behalf of The Queen, will be welcomed by renters and campaigners as the Queen's Speech highlights priority areas for the Government at the start of each parliamentary year.

What are Section 21 evictions?

If you are a private tenant, a landlord can ask you to move out by issuing a Section 21 or Section 8 notice.

A Section 8 notice can be issued if a landlord already has a reason to evict a tenant, such as rent arrears, damage to the property or if there have been neighbour complaints.

A Section 21 notice is commonly referred to as a "no-fault eviction" as landlords don't need to give a reason for the eviction.

With Section 21 notices, tenants currently have just two months to move out.

Most landlords assume that tenants will leave within two months of a Section 21 notice, however landlords must apply to a court after the notice period ends to start the eviction process. The total time for the court process can take anywhere between a few weeks to several months.

Weren't Section 21 notices banned years ago?

The Government committed to ending Section 21 notices back in April 2019.

A temporary pause was granted in March 2020, extending the eviction notice period from two months to three. This initial ban was later extended to September 21 2020, and landlords were required to give tenants a six-month notice period. The measures ended on 31 May 2021 and from 1 June notice periods were reduced to four months.

The long-awaited “no fault” evictions ban was expected to be unveiled in autumn 2021 but this was then pushed back to spring 2022.

The Government published its Levelling Up White Paper in February 2022 in which it recommitted to scrapping Section 21 notices and bringing forward the Renters' Reform Bill.

What will be in the Renters’ Reform Bill?

The Renters' Reform Bill is expected to include sweeping reforms to the private rented sector, a national register of landlords as well as an abolishment of Section 21 notices.

While the reforms and scrapping of Section 21 notices were mentioned in The Queen’s Speech today, a national register of landlords was not.

The Government is expected to produce its proposals for future leglistation - a White Paper - for the Renters' Reform Bill later this year.

How has the rental sector reacted today?

The mention of a Renters’ Reform Bill in today’s speech has been welcomed by charities and industry bodies.

“Renters have been waiting three years for the government to abolish these insidious Section 21 evictions,” said Alicia Kennedy, director of Generation Rent. “Finally, legislation looks to be on its way.”

“It is essential that any new tenancy regime reduces the number of unwanted moves and gives renters the confidence to challenge poor practice by landlords.

“The plans also appear to address the desperate lack of regulation of private landlords, with a new ombudsman, a property portal and a requirement to meet the Decent Homes Standard. We need more detail on each, but they are essential measures if private renters are to exercise their rights effectively.”

The National Residential Landlords Association (NRLA)’s Chief Executive Ben Beadle said: “We welcome the Government’s acceptance that reforms to the rented sector need to strengthen the ability of landlords to tackle anti-social tenants and those with repeated rent arrears.

“Whilst we support proposals for an Ombudsman to cut the number of possession cases needing to go the court, this cannot be a substitute for proper court reform as well. At present it can take almost a year for a private landlord to repossess a property through the courts where they have a legitimate reason to do so. This is simply not good enough.”

A spokesperson for the Mayor of London, said: “The Mayor welcomes the Government’s decision to finally introduce long-promised legislation to ban section 21 ‘no fault’ evictions.

“This commitment is testament to the dogged work of tenants and campaigners who have been waiting three long years for Ministers to honour their previous promises.”

However the mayor’s spokesperson has also renewed Sadiq Khan’s calls for private rent controls in the capital.

“The Government should have used the Queen’s Speech to address the eye-watering costs of renting by giving the Mayor powers to introduce a two year rent freeze in London, as a first step towards delivering rent controls that would make renting more affordable,” said the Mayor of London’s spokesperson.

“In the face of a mounting cost of living crisis, giving the Mayor powers to curb spiralling rents would have a big impact and help build a better and fairer London for everyone.” 

Reference:Homes & Property:  Meghann Murdock