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I’m a landlord, and I’ve heard no-fault evictions are coming to an end. What will this mean for me?

At the moment, a landlord can get their property back (recover possession) even if their tenant hasn’t breached the terms of their tenancy. This is known as a ‘no-fault’ eviction, and the process starts with a landlord serving a notice which gives a tenant a minimum period to move out. The notice is known as a ‘Section 21 Notice’. To enhance tenants’ housing security, the government has tabled the ‘Renters’ Rights Bill’, which introduces changes that will make it harder
for a landlord to recover possession from a tenant who is not in breach of their tenancy. What will the changes mean for private landlords if their tenant is not at fault?

Grounds for serving notice

A landlord will need to show that they are seeking possession of a property to either move into it or sell it. If these grounds can’t be satisfied, a tenant
can remain in the property until they decide they want to move; a tenant will need to give their landlord two months’ notice.

No eviction within first 12 months

Even if a landlord can demonstrate their intention to move into/sell the property, they will not be able to evict a tenant within the first twelve months of the
tenancy.

Longer notice period

A landlord wanting to rely on one of these grounds will need to give their tenant four months’ notice.

When will the changes take effect?

The government will set an ‘effective date’ from which the new rules will apply; all tenancies, including those created before the effective date, will be subject to the new rules.

Is there anything I can do before the changes take effect?

Landlords can use the existing no-fault system to recover possession if a valid Section 21 Notice is served before the effective date. This allows landlords a chance to start the recovery process when it will be easier for them to obtain a possession order.

There are lots more changes that will be introduced by the Renters’ Rights Bill, and here at Fishers our expert solicitors can help landlords navigate their way through the new changes.

Find out more:

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