Currently landlords can repossess their properties from assured shorthold tenants without having to establish fault on the part of the tenant by serving a notice under section 21 of the Housing Act 1988.
Many of those involved in the sector argue that it is detrimental to the tenants’ wellbeing for landlords to have the ability to terminate assured shorthold tenancies at short notice.
The government published the white paper, “A fairer private rented sector”, on 16 June 2022 setting out an action plan to deliver “a fairer, more secure, higher quality private rented sector”. The white paper details proposals to eradicate section 21 evictions and introduce a simpler, more secure tenancy regime whereby a tenancy will only end if the tenant ends it or if the landlord has a valid ground for possession. Some grounds for possession are mandatory and some are discretionary. Meaning that depending on the ground that the Landlord is using to seek possession, the Judge will either have to grant a possession order or, they will have discretionary as to whether to grant a possession order or not.
The Renters Reform Bill is currently with the House of Commons and has reached the Reporting Stage. Therefore, the Bill has not been passed as an Act as of yet so the law remains unchanged at this time.
However, if it does go through then, the grounds for possession will be amended to make sure landlords have effective means of repossessing their properties, if and when necessary. Additional grounds will be created to allow landlords to either sell their property or move close family members into the property as grounds of regaining possession. Grounds for possession relating to persistent rent arrears and anti-social behaviour will also be strengthened.
The reactions to the proposed reforms are mixed. Those advocating on behalf of the tenants are in support of the abolishment of the no-fault evictions whereas, those advocating on behalf of landlords oppose the proposed changes as it appears to make it more difficult for landlords to recover possession of their properties.
The National Residential Landlords Association have suggested that an improved court system and improvements to the grounds for possession should be introduced prior to the abolishment of section 21 evictions. This would help prevent landlords from selling up their properties and leaving the sector. Rental properties are crucial for those who are unable to afford to buy property or to access social housing.
If you are a private landlord and require advice in relation to recovering possession of your property then, Rowberry Morris can help. We specialise in possession proceedings and can tailor our advice depending on the circumstances of the case.
