When the Renters Reform Bill becomes law in 2024/25, Section 21 Notices will be abolished. From then on, if landlords want to repossess their properties, they will have to use Section 8 Notices. We asked Paul Sowerbutts, Landlord Action’s legal chief, how it is all going to work. But first, a quick bit of background:

Section 21 Notices are often called no-fault evictions as they allow landlords to take possession of their property without having to provide a reason. A landlord simply serves one on their tenant, who then has two months to comply. As they only require the court’s intervention if the tenant refuses to leave, they tend to be quick and convenient, but cannot be used to pursue rental arrears.

Section 8 Notices have been around since 1998 but have often been overlooked as they are more complex than Section 21 Notices. To use them, landlords must go through the courts and provide a valid reason for the eviction. Unlike Section 21 Notices, they can be contested but enable landlords to pursue any rental arrears. Valid reasons are as follows:

Mandatory grounds for eviction:

  • The Landlord or a close family member wants the property as their main home.
  • The landlord is selling the property.
  • The property is going back to being a holiday let.
  • The property is a home for a religious minister.
  • The property requires major work.
  • The tenant has died.
  • There are serious rental arrears (at least two months’ rent arrears, three times in the previous three years).

Discretionary grounds – a judge will decide:

  • Suitable alternative accommodation is available.
  • The tenant is in arrears.
  • Persistent late payments.
  • The tenant has broken the contract.
  • The tenant has caused damage to the property.
  • The tenant is engaged in illegal activity.
  • The property is connected to the employment of the tenant and the employment has come to an end.
  • The tenant made a false statement when applying for the property.
  • Any anti-social behaviour.
  1. Q) So, Paul, in your opinion, what are the main issues/changes with the abolition of Section 21 Notices?

The ending of Section 21 Notices has put the relationship between tenants and landlords on a more even footing and that means, for landlords, there will be more of a focus on building relations with their tenants because they can no longer evict them without just cause. Most issues occur at the end of a tenancy, so if there is a strong relationship, both parties will be aware of the other’s plans and there should be a degree of give and take. There is no doubt, though, that the changes will add to both the risks and complexities of being a landlord and will tend to favour professional landlords over accidental ones.

  1. Q) When will the changes happen? 2024/5/6?

The Bill is currently going through parliament, but very slowly and the timings have just been pushed back as it missed its slot before the summer recess. New tenancies will be the first to be affected and this looks likely to be towards the end of 2024/beginning of 2025 but the majority of tenancies will not come under the new rules until around 2026. The timetable is by no means fixed and, until it becomes law, none of the details of the legislation are fixed, either. There is unlikely, though, to be much if any opposition from either the Commons or the Lords but, as always, the devil is in the details and that is where things are likely to change.

  1. Q) How will Section 8 possession notices be different to Section 21 Notices?
  1. A) The main difference is that a Section 8 Notice requires a court hearing.
  1. Q) OK, but aren’t there still serious court backlogs from the pandemic?
  1. A) During the pandemic, there were huge backlogs at the County Courts, and these got worse as the lockdowns came to an end. Now, however, the courts are reporting that things are back to normal.

Landlord Action was established in 1999 and is one of the UK’s best-known eviction and housing law specialists – authorised and regulated by the Solicitors Regulation Authority. They deal with problem tenants, landlord and tenants disputes, squatters, rental debt collection and other housing matters in England and Wales.