As a landlord, staying informed and adaptable is the key to success in the ever-changing landscape of tenancy laws. One significant shift on the horizon is the imminent end of Section 21 Notices, more commonly known as no-fault evictions. Rob Greensmith, a member of JMP Solicitors’ Commercial department explains the implications for landlords and provides guidance on how to navigate this upcoming change smoothly.
- Understanding the Power of Section 21 Notices
For years, Section 21 Notices have granted landlords the ability to serve their tenants with a two-month eviction notice, without having to prove any fault or wrongdoing on the tenant’s part. This “no-fault eviction” has been a valuable tool for landlords seeking a swift and, for the most part, uncomplicated way to regain possession of their property.
- Complying with Current Guidelines and Legal Considerations
Issuing a Section 21 Notice comes with legal requirements that must be thoroughly followed. Any inaccuracies can jeopardise the validity of the notice, leading to extended notice periods and additional court fees. Ensuring strict compliance with the prescribed format (form 6A) and all other legal prerequisites is essential to avoid potential and unnecessary pitfalls.
- The End of section 21 Notices
In April 2019, the government made a groundbreaking announcement—the abolishment of Section 21 no-fault evictions. Although the exact implementation date remains uncertain, the change is coming and as a result it is crucial for landlords to brace themselves for the inevitable changes on the horizon.
- Adapting to the Changes for Landlord
With the apparent abolition of Section 21 Notices, landlords will unquestionably experience a notable change in their approach to evictions. You will no longer have the convenience of regaining possession of your property without substantial proof of tenant misconduct. The responsibility of providing evidence of any wrongdoing on the tenant’s part will now fall squarely on the landlord. This makes the task more time consuming and onerous.
- Embracing Section 8 Evictions
As Section 21 Notices are expected to be phased out, Section 8 evictions will naturally take centre stage. Using this process to regain possession of your property, you will need to rely on specific grounds outlined in Schedule 2 of the Housing Act 1988, all of which require evidence of tenant breaches. This process may involve both discretionary and mandatory grounds, emphasising the need for meticulous records to ensure a successful eviction.
- Looking Ahead and Adapting
With the end of Section 21 Notices, there may be a call for additional grounds to be added to the Section 8 process, addressing any gaps in the eviction routes. Whether that is to be followed up on remains to be seen. As a responsible landlord, staying vigilant for upcoming changes and legislative updates will ensure you’re well-prepared to tackle future tenancy challenges.
How can JMP solicitors help you?
As we prepare to bid farewell to Section 21 Notices, proactive landlords must equip themselves for the future by understanding the implications and embracing the Section 8 eviction pathway.
JMP Solicitors boasts a dedicated team of commercial lawyers ready to lend a helping hand. For more information, call us at 01476 565 295 or email [email protected]. We’re here to support you.
