Section 21 notices and the Queen’s Speech 2022

It is estimated that there are some 4.4 million households privately renting in England and that one fifth of renters did not end their last tenancy by choice.

Currently when the term of an assured shorthold tenancy comes to an end a landlord can serve notice on their tenant to move out of the property with a minimum of two months’ notice. If the tenant fails to leave on expiry of the notice the landlord can commence court proceedings seeking an order requiring the tenant to vacate the property and face eviction, should they not leave. 

Organisations such as Shelter have been pushing for greater security in the private rented sector for many years and have said that many renters live in fear of eviction. Renters are known to accept poor conditions in a property because of the fear of being served with a Section 21 notice if an issue is raised. In order to combat this and to provide more security for tenants the Government has announced its intention to provide tenants will more secure and higher quality housing. In addition, the Government aims to halve the number of non-decent rented properties by 2030 and create a rental market that is fairer and more effective for tenants and landlords.

As part of the Queen’s Speech 2022, the Government announced that it intended it to introduce a ‘Renters Reform Bill’. 

The main proposals to be included in the Bill are to:

• Stop ‘no-fault’ evictions by removing section 21 of the Housing Act 1988. It is hoped that this will provide security for tenants and allow them to challenge their landlord without the fear of a retaliatory eviction. 

• Alter and strengthen the grounds on which a landlord can rely when faced with repeated incidences of rent arrears. 

• Reduce the notice period for anti-social behaviour so that landlords are able to regain possession of their property when appropriate. 

• Create a Private Renters’ Ombudsman to enable disputes to be settled quickly, at low cost, without going to court. The Ombudsman will cover all private landlords letting properties with the aim to ensure that when a complaint is made, landlords take action. 

• Introduce a property portal to help landlords understand their obligations and give tenants information to hold their landlord to account.

• Set out a legally binding Decent Homes Standard with the intention to give tenants safer, better quality and better value housing.

The proposal for a Renters Reform Bill was first announced in 2019 as ‘step change’ in the protection for tenants and hailed as the biggest change to the private rented sector for a generation. Whilst the announcement in the Queen’s Speech has been met with guarded approval from tenant organisations and landlord organisations alike, it waits to be seen how long it will take for the Government to publish the White Paper and for the Bill to be provided. It has been announced that the White Paper setting out more detail on the proposed Renters Reform Bill is expected ‘shortly’.

For the time being a landlord is still able to use the Section 21 notice process to recover possession of their property, however, it is highly likely that a landlord’s right to regain possession of their property on a no-fault basis will be removed. 

We are able to assist a landlord from service of a Section 21 notice through the court procedure and to the eviction and offer a fixed fee scheme. We can also assist where rent arrears are outstanding. For further information, please visit 

www.mayowynnebaxter.co.uk.

By Paul Rooke, Associate Solicitor