Ministry consults on implementing decision to end ‘no-fault’ evictions

The Ministry of Housing, Communities and Local Government has launched a consultation on implementing the government’s decision to remove section 21 of the Housing Act 1988 and improving section 8 eviction grounds.

The MHCLG said the government was committed to modernising the rented sector, and intended to introduce a new, fairer deal for both landlords and tenants.

On 15 April 2019, the government announced that it would put an end to so called ‘no-fault’ evictions by repealing section 21 of the Housing Act 1988.

Under the new framework, a tenant cannot be evicted from their home without good reason. “This will provide tenants with more stability, protecting them from having to make frequent moves at short notice, and enabling them to put down roots and plan for the future,” the MHCLG said.

The government also proposed to strengthen the section 8 eviction process, so landlords are able to regain their property should they wish to sell it or move into it themselves. “This will provide a more secure legal framework and a more stable rental market for landlords to remain and invest in.”

The consultation, A new deal for renting: resetting the balance of rights and responsibilities between landlords and tenants, seeks views on how section 21 of the Housing Act 1988 has been used in the past, and the circumstances in which landlords should be able to regain possession once it has been abolished, including what changes may be necessary to the existing grounds for possession in Schedule 2 of the Housing Act 1988.

The Ministry is also inviting views on the implications of removing the ability of landlords to grant assured shorthold tenancies in the future, how the processing of repossession orders through the courts could be improved, and whether the reforms should be extended to other types of landlords, “most notably”, to housing associations.

The consultation closes at 11:45pm on 12 October 2019. The proposals relate to England only.