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Report maintenance Scrapping the Section 21 Notice
…as we wait for the Renters Reform bill and how it will affect our Bristol landlords, tenants and the rental market in general, we wanted to explain some of the changes. So, this month we touch on the Section 21 notice, that is likely to be scrapped as part of the bill.
What is a Section 21?
Section 21 notice often described as the “no-fault eviction”. This is something we issue on behalf of Bristol landlords, which allows them to regain possession of their property. We find that most our landlords have used this notice responsibly.
Some of the reasons we’ve found Bristol landlords use this notice:
- Move in a family member or themselves – Sometimes a landlord may need to move into the property themselves, move in their children or perhaps help a close family member with a home.
- Not getting their rent – A landlord will often rely on their rent being on time. missed payments or ongoing money owed can be a problem.
- Problem tenants – From anti-social behaviour to not looking after the property, there are often good reasons for a landlord to want a tenant to leave.
- Tenancy agreement breaches – This can include overdue rent, moving someone in that’s not on the tenancy, sub-letting, smoking, not keeping it clean or even damage.
- Selling – Sometimes a landlord will need to sell the property. So, they may want to give a property a lick of paint, sell it without the tenants clutter or remove the worry of a buyer having to evict someone to move in.
- Spruce up the property – rentals will eventually become dated over time, the landlord may want to improve living conditions, or simply update with the aim of increasing the rental yield.
Most are responsible, but there are some landlords that will have used the bill to remove tenants that have raised real problems with the property. Perhaps problems that they don’t want to fix. This bill looks to address this and other behaviour that’s unfair to renters.
What does this mean, will I be able to get my property back for these reasons?
Well, the devil will be in the detail. The Department for Levelling Up, Housing and Communities stated on the 17th May 2023 that “it is critical that landlords have the peace of mind that they can regain their property when their circumstances change or tenants do not fulfil their obligations.” An example of this is a plan to combat anti-social behaviour, new powers are to be introduced that will help to tackle repeat offenders.
Regain possession
Instead of section 21s a landlord may need to go to court to get their property back. However, there will be some mandatory grounds that if proven a judge must award. Some grounds will fall to the judge and whether they believe it is ‘reasonable’ to award the landlord possession. We’ve included the full table from the Gov.uk paper below. Remember this could change as discussions progress in parliament.
Section 8 notice
The section 8 looks set to remain, it allows landlords to get their property back in a serious and specific breach of the tenancy.
So, whilst there will likely be a little more red tape and we’ll need to better understand the grounds to regain the property, it feels like there is likely to be the ability to regain for some of these reasons, though sometimes it will fall to the view of a judge (discretionary Vs mandatory.)
Proposed grounds for possession – you.gov
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Moving in
Description The landlord or their close family member wishes to move into the property.
Notice period is 2 months – Mandatory ground for possession
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Selling (rent-to-buy)
Description The landlord is a private registered provider of social housing and there is a rent-to-buy agreement.
Notice period is 2 months – Mandatory ground for possession
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Superior lease ending
Description The landlord’s lease is under a superior tenancy that is terminated by the superior landlord.
Notice period is 2 months – Mandatory ground for possession
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Student Accommodation
Description In the 12 months prior to the start of the tenancy the property has been used to house students. This can be used by educational establishments and PBSA only.
Notice period is 2 weeks – Mandatory ground for possession
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Agricultural workers
Description The landlord requires possession to house someone who will be employed by them as an agricultural worker.
Notice period is 2 months – Mandatory ground for possession
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Employment by landlord
Description The dwelling was let as a result of the tenant’s employment by landlord, and the employment has come to an end OR tenancy was not meant to last the duration of the employment and the dwelling is required by new employee.
Notice period is 2 months – Mandatory ground for possession
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Used for supported accommodation
Description The provider requires possession from a non-supported accommodation resident to relet as supported accommodation.
Notice period is 4 weeks – Mandatory ground for possession
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Temporary accommodation
Description The landlord is ending a tenancy granted because the household is owed the homelessness duty.
Notice period is 4 weeks – Mandatory ground for possession
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Enforcement action
Description The landlord is subject to enforcement action by Local Authority or banning order by First-tier Tribunal and needs to regain possession to become compliant. Refused/Revoked HMO licenses etc.
Notice period is 2 months – Mandatory ground for possession
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Severe Anti-social behaviour/Criminal Behaviour
Description The tenant convicted of a criminal offence, breached an IPNA, breached a criminal behaviour order, or convicted of causing noise nuisance.
Notice period – possession claim can be made immediately – Mandatory ground for possession
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Serious rent arrears
Description The tenant is at least 2 months in arrears at the time notice is served and the court hearing. Exemption for outstanding benefit payments.
Notice period is 4 weeks – Mandatory ground for possession
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Suitable alternative accommodation
Description Suitable alternative accommodation is available for tenant.
Notice period is 2 months – Discretionary ground for possession
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Persistent arrears
Description The tenant has persistently delayed paying their rent
Notice period is 4 weeks – Discretionary ground for possession
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Deterioration of property
Description The tenant has caused the condition of the property to deteriorate.
Notice period is 2 weeks – Discretionary ground for possession
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Domestic abuse
Description Social landlords only. Evict the perpetrator of domestic violence if the partner has left the property.
Notice period is 2 weeks – Discretionary ground for possession
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Deterioration of furniture
Description The tenant has caused the condition of the furniture to deteriorate.
Notice period is 2 weeks – Discretionary ground for possession
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Supported accommodation (discretionary)
Description The tenant has unreasonably refused to cooperate with the support service provided.
Notice period is 4 weeks – Discretionary ground for possession
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Selling
Description The landlord wishes to sell the property.
Notice period is 2 months – Mandatory ground for possession
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Mortgage repossession
Description The property is subject to a mortgage and the lender exercises a power of sale requiring vacant possession.
Notice period is 2 months – Mandatory ground for possession
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Possession by superior landlord
Description After a superior tenancy ends, the superior landlord becomes the tenant’s direct landlord, and seeks to take possession.
Notice period is 2 months – Mandatory ground for possession
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Ministers of religion
Description The property is held for use by a minister of religion to perform the duties of their office and is required for occupation by a minister of religion.
Notice period is 2 months – Mandatory ground for possession
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Employment criteria
Description The social landlord requires the dwelling to let to someone based on their employment eligibility (e.g., key workers).
Notice period is 2 months – Mandatory ground for possession
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End of employment related criteria
Description The social landlord must have granted the tenancy because of the tenant’s employment eligibility (e.g., key workers) and they no longer meet those criteria.
Notice period is 2 months – Mandatory ground for possession
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Supported accommodation (mandatory)
Description The provider requires possession because support services or funding has ended or fallen away; the provision is no longer meeting the tenant’s needs; the placement was ‘move on’ accommodation.
Notice period is 4 weeks – Mandatory ground for possession
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Redevelopment
Description The landlord is seeking possession to redevelop at least 6 months after start of tenancy. Must demonstrate changes cannot be done with the tenant living there.
Notice period is 2 months – Mandatory ground for possession
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Death of tenant
Description The tenancy was passed on by will or intestacy. Possession proceedings must begin no later than 24 months after death.
Notice period is 2 months – Mandatory ground for possession
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No right to rent
Description At least one of the tenants has no right to rent under immigration law.
Notice period is 2 weeks – Mandatory ground for possession
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Repeated serious arrears
Description Three separate instances of at least 2 months of arrears over a 3 year period.
Notice period is 4 weeks – Mandatory ground for possession
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Any rent arrears
Description The tenant is in any amount of arrears when notice is served and on the day of their court hearing.
Notice period is 4 weeks – Discretionary ground for possession
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Breach of tenancy
Description The tenant is guilty of breaching one of the terms of their tenancy agreement.
Notice period is 2 weeks – Discretionary ground for possession
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Anti-social behaviour
Description The tenant or anyone living in or visiting the property has been guilty of causing nuisance or annoyance to the landlord or anyone living in, visiting or in the locality of the property, or has been convicted of using the premises for illegal/immoral purposes, or has been convicted of an indictable offense in the locality.
Landlord can make immediate possession claim – Discretionary ground for possession
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Rioting
Description The tenant or other adult living at the property has been convicted of an indictable offence which took place at a riot in the UK after 13 May 2014.
Notice period is 2 weeks – Discretionary ground for possession
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False statement
Description The tenancy was granted due to false statement.
Notice period is 2 weeks – Discretionary ground for possession
What’s next?
Well, the government missed its original target date when the last parliamentary term ended. We would expect further discussions and the formal “second reading” to happen in autumn this year. We’ll keep landlords up to date when we know more accurate timings.
