The housing landscape is set for change, as the Government is committed to transforming the experience of private renting by abolishing Section 21 (‘no fault’) evictions.  The Renters Rights Bill (“the Bill”) aims to safeguards tenants’ existing rights and introduce further protections to ensure private renters not only have access to a secure and decent home, but that they can exercise their rights to challenge poor treatment and bad practice. The Government says landlords should retain the confidence to repossess their properties where they have good reason to do so.

The Bill is scheduled to become law later this year (possibly late summer). Some of the proposed changes, however, will be implemented through additional legislation being passed.

Currently landlords can continue to recover possession by serving Section 21 Notices, which do not require any grounds (or fault on the part of the tenant). Once the Bill passes into law, landlords will only be able to recover possession of their property where the tenant has breached their tenancy agreement or in prescribed circumstances, such as the landlord needing to move back into the property or to sell it.

Current Regime: Section 21 Notices and recovering possession

For a Section 21 Notice to be valid, landlords must provide the tenant with prescribed information and documents before the tenancy starts, including the gas safety certificate (if applicable), energy performance certificate, deposit prescribed information (if a deposit is taken), and MHCLG ‘How to Rent’ booklet. If these requirements are not met (albeit some of the documents can be given to the tenant after their tenancy has started provided that is before the Section 21 Notice), then a Section 21 Notice may be invalid.

After expiry of a valid Section 21 Notice, landlords may either follow the ‘accelerated’ procedure to recover possession of the property, provided they produce every tenancy agreement, gas safety certificate (if applicable), EPC, and the deposit prescribed information.  This procedure is a paper-based application and does not require the landlord (or their letting agent) to attend Court.

If a landlord cannot satisfy the evidential requirements of the accelerated procedure, or wishes to include a claim for rent arrears, then the standard procedure can be adopted, which means attending a Court hearing.

New Regime: Section 8 Notices and recovering possession

As it is currently understood, landlords who serve a valid Section 21 Notice prior to commencement of the Bill can rely on the Notice for up to 3 months after the Bill becomes law.  It is worthwhile noting that a Section 21 Notice only has a ‘shelf life’ of 6 months from the date it is issued, after which it is not valid.  Once the Bill becomes law, landlords may only serve Section 8 Notices citing the relevant mandatory and/or discretionary ground(s) on which they intend to rely and providing the tenant with the requisite period of notice before commencing possession proceedings (if relevant) to recover their property.

The accelerated procedure will remain available if a valid Section 21 Notice was served, and the evidential requirements can be met. However, this procedure will phase out as landlords adapt to serving Section 8 Notices.

Following expiry of a Section 8 Notice, the standard procedure must be followed, and landlords (or their letting agents) will need to prove that the ground(s) cited in the Notice is/are satisfied and allow the tenant an opportunity to raise a defence.

I will be discussing the new Section 8 grounds and changes to existing grounds in my next blog in February.

If you require advice about recovering possession of your property, then please contact our expert, Tracey Smith.

John Lloyd | Trainee Solicitor

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