Government may compromise over Section 21 tenant evictions

Landlords could see some relief over plans to abolish the Section 21 no-fault evictions legislation.

Now, as part of its Anti-Social Behaviour Action Plan, the Government is preparing to compromise over Section 21 ‘no fault’ evictions by giving landlords the ability to eject tenants who ruin their neighbours’ lives through persistent noise or by being drunk and disorderly.

Wider initiative

The initiative is part of a wider-ranging initiative to crack down on anti-social behaviour.

Half of landlords have at some time attempted to repossess property, according to polling by the National Residential Landlords Association (NRLA), because of a tenant’s anti-social or criminal behaviour.

Of this group, 84 per cent had received no help from their local authority and 75 per cent had no assistance from the police in dealing with anti-social tenants, the NRLA says.

How does Section 21 work?

• Section 21 enables private landlords to repossess their properties from assured shorthold tenants without having to establish fault on the part of the tenant and it is sometimes referred to as the ‘no-fault’ ground for eviction.
• Private tenants, their representative bodies, and others working in the sector argue the ability of landlords to end an assured shorthold tenancy at short notice has a detrimental effect on tenants’ well-being.

Eviction at the end of the fixed term

At the end of a fixed-term tenancy, the landlord does not need a reason to evict a tenant. As long as they’ve given correct notice, they can apply to the court for a possession order.

If the court gives a landlord a possession order and the tenant still does not leave, the landlord must apply for a warrant for possession – this means bailiffs can evict the tenant from the property.

Need help with ending a tenancy or related legal property matters? Contact us.