Insights

The delay to ending no-fault eviction is disappointing for tenants left to suffer in poor-quality housing

October 26, 2023

The delay to ending no-fault eviction is disappointing for tenants left to suffer in poor-quality housing

The recent announcement by Housing Secretary Michael Gove that the government is to delay scrapping no-fault ‘Section 21’ evictions will be a hugely disappointing for renters, and the organisations that represent them.

The government had promised as far back as 2019 to remove the ability of landlords, under Section 21 of the Housing Act 1988, to serve tenants with a notice giving them two months to leave the property, without needing to give any reason. These ‘no fault’ eviction notices are controversial because they create a power imbalance in favour of the landlord. They mean many tenants end up living in properties that are poorly maintained, and even mouldy, because they dare not ask the landlord to make the necessary repairs – for fear of being served with a Section 21 notice.

The scrapping of no-fault evictions had been a key part of the government’s Renters Reform Bill, which was debated in the Commons for the first time on 23 October. But a large number of Conservative MPs oppose scrapping no-fault evictions, arguing that it will lead landlords to leave the sector and make the shortage of homes available for private rent even worse. The Liberal Democrats have pointed out that a fifth of the Conservative parliamentary party are landlords themselves, and called for ‘greater transparency’ over why they oppose the scrapping of Section 21 notices.

So what reason did Mr Gove give for kicking this crucial component of the reforms into the long grass? The decision was revealed on 20 October as part of the government’s response to a report on the reforms by the cross-party Levelling Up, Housing and Communities Committee, which was published some months ago, in February. The Committee had argued that it was ‘essential’ that the government should ‘significantly increase the courts’ ability to process possession claims quickly and efficiently and in a way that is fair to both landlords and tenants’. It had recommended that the government should commit to meeting a ‘target’ for how long courts can spend processing such claims, before it abolished Section 21.

It seems the government has now used this recommendation as convenient ground cover for delaying the abolition of no-fault evictions, which is unpopular with many of its own MPs, until it has made improvements to the court system. But it has not set itself any deadline for when it will achieve this.

Before abolishing Section 21, the government says it plans to:

  • digitise more of the court process ‘to make it simpler and easier for landlords to use’;
  • explore the prioritisation of certain cases, including antisocial behaviour;
  • improve bailiff recruitment and retention and reduce administrative tasks so bailiffs can prioritise possession enforcement; and
  • provide early legal advice and better signposting for tenants, including to help them find a housing solution that meets their needs.

Given the current state of our courts, and lack of available funding, it seems fair to assume that it will be a long while before any of these stated aims become reality. So no-fault eviction is not likely to be abolished any time soon – at least by this government.

For the many tenants living in poor quality housing who are unable to assert their rights to have properties repaired, that is a real shame.


October 26, 2023

Insights