Government plans to abolish section 21 notices

The Government has announced plans to abolish no-fault notices to end tenancies.

Section 21 notices have always been a useful way to end a tenancy without apportioning fault on the tenant. 

With the proposed removal of section 21 notices, landlords will need to use section 8 notices, which are evidence-based and so require the landlord to give grounds for the ending of the tenancy. There are 17 grounds for eviction stated in the Housing Act 1988 and they are split into mandatory grounds, such as the landlord wishes to live at the property; or discretionary grounds such as the tenant is not looking after the property, has breached the terms of their tenancy agreement or is in rent arrears.

In the event of possession being sought under a section 8 notice where the tenant does not vacate the property, an application will need to be made to the court for a possession order. This is the same as under a section 21 notice when a tenant remains at the property after the notice has expired.

The Government has pledged to expedite the court process to enable landlords with a valid ground(s) for eviction to regain possession of their property in a timely manner.

Once we have more information regarding when this change will be introduced we will let you know.

If you have any queries please call our office on 01603 627107.

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