By Monidipa Fouzder >>

(11 September 2024)

‘No fault’ evictions will be banned under proposed legislation being introduced by the government today to ‘level the playing field’ between tenants and landlords.

The government said today that the Renters’ Rights Bill will go further than ever before in strengthening tenants’ rights. 

As well as banning section 21 ‘no fault’ evictions, the bill will apply ‘Awaab’s Law’ to the private rented sector to ensure all renters in England can challenge dangerous living conditions. For the first time, a ‘Decent Homes Standard’ will be applied to the private rented sector – landlords who fail to address serious hazards could be fined up to £7,000 by local councils and prosecuted.

The previous government introduced legislation banning ‘no fault’ evictions. However, it faced a slew of amendments following reports that ministers were consulting with backbench Conservative MPs on watering down protections.

Under the bill being introduced today, landlords must provide a ‘valid cause’ to end a tenancy early. The legislation will ban ‘no fault’ evictions for new and existing tenancies.

Deputy prime minister Angela Rayner said: ‘There can be no more dither and delay. We must overhaul renting and rebalance the relationship between tenant and landlord. This bill will do just that and tenants can be reassured this government will protect them.’

The Law Society welcomed the legislation. ‘As the housing crisis spirals out of control, it is vital that renters are afforded clear rights that protect them from unjust treatment and homelessness,’ Society president Nick Emmerson said. ‘Ending “no-fault” evictions is a critical step in bolstering these protections. However, more details are needed on how the government will ban “no-fault” evictions, while balancing tenant rights with landlords’ routes to repossessions. Maintaining this balance is key in reforming the rental market.’

Emmerson also urged the government to invest in both the legal aid system and the courts ‘to ensure renters can access justice and are protected when facing eviction’.

Sarah Taylor, a property dispute resolution partner at Excello Law, said the ban should protect tenants from unscrupulous landlords who serve an eviction notice on them with no good reason. However, the proposed legislation should not adversely affect good landlords who are fair and reasonable when considering when to obtain possession of their properties.

Taylor added: ‘The risk to both tenants and landlords is the existing backlogs in the court system. Trying to obtain possession orders will be protracted, causing uncertainty and delays for both landlords and tenants.

‘There is a risk that landlords who are unhappy with the proposed changes may decide to sell their rental properties, leading to a shortage of good rental properties for prospective tenants. It remains to be seen whether the legislation will actually solve the issues that it is supposed to.’

This article is now closed for comment.

(Courtesy: The Law Society Gazette)