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Proposals for section 21 procedure: what Landlords need to know

10 Jul 2019

Residential Landlords face further changes to the way they can take possession of their rented property which could have detrimental effect on their ability to regain possession from their tenants. Fresh from the recent ‘retaliatory eviction’ reforms limiting the ability of landlords to evict tenants where there are repair issues in their property, the government has recently announced that it proposes to repeal s21 of the Housing Act 1988 in order to end the no fault eviction process.

The government’s has suggested that instead a new framework will be introduced, where landlords will always need to provide a reason for terminating a residential tenancy. This is a concern for landlords as residential tenancies could only then be terminated by the landlord based on the section 8 ‘fault’ process or by tenants choosing to end the tenancy on notice. There is some consolation in that in addition to the section 21 changes, the government has also said that it intends to strengthen the existing section 8 ‘fault’ process by allowing Landlords to rely on it if they want to sell the property or to occupy it themselves, but it is certainly a step back for landlords.

Residential Lease / Rental Agreement

It is hoped that the government carefully considers its proposal before implementation to ensure the decision does not detrimentally affect landlords in the private rented sector which plays a vital role in providing housing for the many who need it nationwide. We hope the government’s changes ensure the needs of both landlords and tenants are balanced. Any landlord considering taking back possession of their premises is always best off seeking legal advice so they are aware of the requirements in a system that is slowly becoming more difficult for them to navigate.

For more information on any of the above, or how we can help you or your business, please contact Sara Malik, or call 0191 232 8345.