In April 2019, the May government made a premature announcement declaring an end to “unfair evictions.” However, over four years and three prime ministers later, Section 21 or “no-fault” evictions remain prevalent in the housing market. While the Renters Reform Bill is currently progressing through Parliament, the question remains: Will it truly deliver on its promise of being the most significant change to the private rental sector in a generation?
The introduction of no-fault evictions can be traced back to the Housing Act 1988, which granted landlords the power to evict tenants with just two months’ notice, without any justification. At that time, private renting was primarily a transient state for students and individuals seeking short-term housing before moving into social housing or ownership.
However, today’s Private Rental Sector (PRS) houses nearly 11 million people, including many families and children who lack immediate prospects of securing more secure housing. Section 21 not only prioritizes landlords’ property rights over tenants’ rights to avoid homelessness but also contributes to the neglect of rental properties. Tenants fear reporting poor living conditions as it could lead to “revenge evictions.”
Hence, the Renters Reform Bill, which began its legislative journey on May 17, aims to abolish Section 21 evictions and transition all renters to rolling periodic contracts. These contracts would provide an initial period of security during which tenants cannot be evicted. Afterward, the grounds for eviction would become stricter than the current regulations. To balance this, the bill grants streamlined eviction powers to landlords in cases of anti-social behaviour or persistent rent arrears while protecting situations where landlords require their properties for personal reasons.
The bill also proposes the establishment of a “Property Portal,” a registration scheme to educate landlords about the rules and ensure compliance. Additionally, an ombudsman would be empowered to penalize or ban landlords, reducing tenants’ reliance on overwhelmed courts. These measures aim to enhance transparency regarding landlords’ identities, making it easier for councils to enforce existing regulations despite limited resources.
The government further promises that the bill will prevent landlords from unreasonably withholding consent for tenants to have pets in their homes, although specific details are scarce.
However, tenant groups raise several concerns about the bill. First, the protected period during which landlords cannot use “landlord needs” as grounds for eviction has been reduced from two years, as proposed in the 2019 consultation, to just six months. This means tenants could receive a two-month notice just four months after moving in, undermining the bill’s goal of providing a more secure foundation for family life. Housing charity Shelter advocates for a four-month notice period and a two-year protected period.
The terms of the exceptions for landlord needs also worry tenant rights groups. While mechanisms allowing landlords to occupy or sell their property are generally accepted, a three-month “no reletting period” may not sufficiently deter unscrupulous landlords from claiming to sell the property to evict inconvenient tenants, only to change their minds later. Addressing this may require longer no-letting periods or imposing punitive fines.
Moreover, certain provisions within the bill may inadvertently increase the risk of homelessness. Stricter rules against anti-social behavior could lead to instant eviction for vulnerable tenants based on “nuisance or annoyance.” Amendments to existing homelessness legislation eliminate the immediate access to council assistance for tenants who have received a possession notice.
Notably, the proposed legislation does not address discrimination against families or those receiving benefits. Stronger eviction rules offer little solace to those unable to secure rental housing in the first place.
In reality, the bill, as currently written, does not eliminate no-fault evictions but merely shifts them.