Last month government figures revealed a disturbing rise in homelessness over the past year. According to the official statistics, an estimated 3,898 people slept rough in 2023. This was an annual increase of some 27%; the biggest annual rise since 2015.
Meanwhile the number of homeless people in local authority-provided temporary accommodation has also risen to record levels, with around 109,000 households in England using emergency housing between June and September last year.
All this makes recent news reports that the government may be planning to water down or delay its proposed renters’ reforms, which include abolishing s21 ‘no fault’ evictions, all the more worrying.
Under s21 of the Housing Act 1988, private landlords can serve tenants with a notice giving them two months to leave the property, without needing to give any reason. The Conservative government promised to abolish s21 evictions as far back as 2019, under Theresa May. But it is taking an awfully long time to get round to doing it. And while the Department for Levelling Up, Housing and Communities still insists that its Renters (Reform) Bill, currently making its way through Parliament, will fulfil that promise, reports emerged last month that the ban on no-fault evictions may see even further delay.
The difficulty for government is that abolishing no-fault eviction is unpopular with landlords; and many MPs themselves fall into that category. According to various news outlets, the government is now looking at a number of draft amendments to the Renters (Reform) Bill, and it has circulated these to a group of around 50 potential rebel MPs who have concerns about the current version of the legislation – some of whom are landlords.
The BBC reports that one such amendment would put it into law that the ban on no-fault evictions could not be implemented until the justice secretary has published an assessment of its impact on the courts. This could kick the reform well into the long grass. Another change designed to appeal to landlords would require renters to live in a property for at least four months before they can give notice to end their tenancy; while another would allow ‘hearsay’ evidence in eviction claims for anti-social behaviour.
Some commentators expressed concern at the latest news reports. Inside Housing reported comments from Alistair Smyth, director of policy and research at the National Housing Federation, who said:
‘Private renters deserve greater security and we would welcome proposed changes to the law that would provide this. No-fault evictions cause untold upheaval and stress for those renting privately, forcing them to uproot their lives and, for those on low incomes, often putting them at risk of homelessness.
‘We would be deeply concerned about any watering-down of proposals that would allow this unfair, damaging practice to continue. The number of families living in privately rented homes is rising, and has doubled since 2006.’
No-fault evictions have been creating a power imbalance between landlords and tenants for years; putting tenants in a precarious position and making it hard for them to assert their rights to repairs. It is high time that the situation was resolved; and these reports of potential dilution and delay will be deeply disappointing – both for tenants, and for the housing lawyers who represent them.
With homelessness on the rise, the need for renters to have proper security over their living arrangements is more pressing than ever.
March 11, 2024
Insights
