Section 21 notice explained as government to make huge change to 'broken' housing system
Section 21 notices will be scrapped by the government.
A Section 21 notice allows landlords to evict tenants without a reason within eight weeks, in what is known as a no-fault eviction.
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No-fault evictions by bailiffs in England have risen by 8 percent in the 12 months since Labour came into Government, new data shows.
The party has pledged to end no-fault evictions under its Renters' Rights Bill, which is in the final stages of going through Parliament.
BirminghamLive is looking at the impact of Section 21 notices on Birmingham as part of its investigation into homelessness.
One city homeless accommodation reported seeing a rise in people served with a Section 21 notice.
What is a Section 21 notice?
When a tenant is served with a Section 21 notice, it allows landlords to evict tenants without a reason within eight weeks.
A landlord must follow rules to use a section 21.
Landlords can apply for an accelerated possession order if the tenants have not left by the date specified in the Section 21 notice.
What are the changes?
The Renters' Rights Bill and formally abolish Section 21 notices and will bring significant changes.
Shelter explained: "The removal of section 21 will be achieved by abolishing assured shorthold tenancies completely. All private rented tenancies will become assured tenancies.
"There will be no more fixed term tenancies in the private rented sector after the Act comes into force. All assured tenancies will become periodic, also known as rolling."
It doesn't mean landlords can't evict tenants, as Shelter explained: "After section 21 is abolished, private landlords will only be able to evict a tenant using a section 8 notice. Section 8 applies to assured tenancies and requires the landlord to prove grounds, a legal reason why possession should be given.
"The Renters' Rights Act will introduce new grounds and make changes to existing grounds. Grounds will include when the landlord wants to move into or sell the property and specific grounds for supported accommodation and 'stepping stone' accommodation."
When will the changes happen?
The Renters' Rights Bill is expected to receive Royal Assent in late 2025 and to become law in early 2026.
It will be called the Renters' Rights Act.
The exact date that any changes will come in is not yet known.
Overhaul 'broken system'
Shelter described no-fault evictions as one of the leading causes of homelessness.
Mairi MacRae, director of campaigns and policy at Shelter, said: 'It is unconscionable that more than a year after the Government came to power, thousands of renters continue to be marched out of their homes by bailiffs because of an unfair policy that the Government said would be scrapped immediately.
'For far too long, tenants' lives have been thrown into turmoil by the rank injustice of no-fault evictions. At the whim of private landlords, thousands of tenants are being left with just two months to find a new home, plunging them into a ruthless rental market and leaving many exposed to the riptide of homelessness.
'The Renters' Rights Bill will overhaul a broken system and usher in a long-overdue era of stability and security for tenants.
"To curb record homelessness and ensure renters can live free from the threat of no-fault eviction, the Government must deliver on this commitment, pass the Bill, and name an implementation date when Section 21 will finally be scrapped.'
What has the government said?
A Ministry of Housing, Communities and Local Government spokesperson said: 'No one should live in fear of a Section 21 eviction and these new figures show exactly why we will abolish them through our Renters' Rights Bill, which is a manifesto commitment and legislative priority for this Government.
'We're determined to level the playing field by providing tenants with greater security, rights and protections in their homes and our landmark reforms will be implemented swiftly after the Bill becomes law.'
Have you been affected by a Section 21 notice, or homelessness? Contact our reporter in confidence - naomi.desouza@reachplc.com
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