Abolition of Section 21: What It Means For Landlords?

In their Fairer Private Rental White Paper, the government offered its suggestions for the Renters’ Reform Bill. Abolishing Section 21 and so-called no-fault evictions, which would allow landlords to terminate tenancies without providing a valid legal justification, are two of the proposed amendments. According property expats including Notting Hill estate agents, the proposed prohibition on no-fault evictions is intended to combat dishonest private landlords who evict tenants without providing a valid explanation.

According to the White Paper, repealing Section 21 will level the playing field between landlords and tenants by enabling tenants to protest unfair rental practises and rent rises and encouraging landlords to interact with tenants and find solutions. Over the course of three years, there have been more than “227,000 no-fault evictions,” according to the BBC. The new restriction aims to address no-fault evictions as the single biggest contributor to homelessness in England. 

What is happening, then, and how will this affect the rental market?

If Section 21 is repealed, it will set off a wave of change whose effects will be seen for years to come. Due to increasing requirements for proof of the tenant’s affordability and fitness for renting, there will probably be an increase in expenses for the tenant. The ratio of the renter’s income to the monthly rent, which is often set at 3:1, may be increased, or the importance of guarantors may be stressed further. Landlords will likely want stronger assurances of the tenant’s intentions for long-term renting.

It is likely that the eviction procedure would get more challenging and expensive. By eliminating Section 21, eviction hearings and related expenses will increase, which will discourage landlords because their return on investment will be lowered by their legal fees. With lawyers or estate agents like estate agents in Tooting on hand to help with legal difficulties, “professional landlords” will likely be in a far better position to minimise the loss of Section 21 protections as well.

Due to landlords’ attempts to make a quick buck on their rental portfolios prior to the implementation of this legislation, there may be an increase in the sale of rental properties in the upcoming months as a result of the loss of this practical possession route. If this occurs, there will almost certainly be a dramatic increase in the number of professional landlords in the rental market. Given the potential oversupply of properties on the market, professional landlords could expand their portfolio at a discount because they have access to significantly more capital than landlords with only one or two rental properties.

How it affects landlords

Due to the repeal of Section 21, landlords will no longer be exempt from providing a reason for terminating a tenancy, such as a desire to sell the property or a violation of contract. The proposed restriction on Section 21 attempts to reduce wrongful evictions of renters, but it would also make it more challenging for landlords to dismiss tenants who are actually causing problems, including not paying their rent on time.

Currently, a lot of landlords quickly evict problematic tenants using Section 21 notices, sparing them losses and stress. If this method is forbidden, landlords won’t be able to recoup lost rent until they’ve sent a Section 8 notice or waited for the court to review and consider their case. Due to additional delayed rent payments and judicial action, suing renters might result in financial losses. Increased landlord-tenant disputes would make it harder for tenants to be prosecuted for violating their tenancy agreements, which could result in more potential losses.

The White Paper also suggests working with the Ministry of Justice (MOJ) and HM Courts and Tribunals Service (HMCTS) to implement a package of “wide-ranging court reforms that will target the areas that particularly frustrate and hold up possession proceedings” in order to address this issue.

Impact on renters

The BBC reports that several tenants have complained about receiving a Section 21 no-fault eviction notice without any prior notification before being kicked out of their houses. The majority of tenants who received these notifications had to move, and some had to leave their current residence in order to pay the rent. By outlawing Section 21, tenants would no longer be subject to arbitrary evictions and short notice moves. Tenants may terminate the tenancy at any time by giving the landlord two months’ notice in writing.

Renters would have peace of mind regarding their living environment and longer-term stability and protection against unjust and unforeseen evictions by landlords, such as being evicted for complaining about malfunctioning fixtures and appliances.

In the end, the suggested modifications are still progressing through the protracted legislative procedure. Because of this, it can take several months or even years for these changes to manifest. It also depends on ongoing legislative support, therefore Rishi Sunak will be watched closely to see if he shelved the measure or not. The largest challenge to landlords in Britain has been these changes, which call for our full attention.