What will happen once Section 21s are abolished?

As part of the Renters’ Rights Reform, the government plans to abolish Section 21s “no-fault” evictions and expand on existing grounds for possession, which are currently part of Section 8 notices. 

Firstly, what is a Section 8 notice?

A Section 8 notice, as part of the Housing Act 1988, is issued to end an assured tenancy and can help landlords to repossess their rental property from their tenants.  

They have always been available to use, but the speedier Section 21s tended to be the default. 

Landlords, or letting agents on behalf of their landlords, have 17 grounds for possession they can use to serve a Section 8. The grounds are divided between mandatory and discretionary, and a landlord must have evidence of any ground.

Mandatory Grounds:

Ground 1: If the landlord lived in the rented property at some point before the tenancy began, and wishes to live back in the property.

Ground Two: If the mortgage provider wishes to repossess the property.

Ground Three: If a property was previously a holiday let, and the landlord wishes to use it again as a holiday let.

Ground Four: If a property was let to a student by an educational institute for a fixed term of 12 months.

Ground Five: If the property is owned by a religious organisation and needs a minister of religion to live in.

Ground Six: If a landlord wishes to demolish or redevelop the rented property to the extent that the tenant cannot live there.

Ground 7: If a tenant has passed away, but this cannot be used if a surviving spouse is living in the property.

Ground 7a: If the tenant has committed "serious anti-social behaviour".

Ground 7b: If the tenant does not have a Right to Rent in the property

Ground 8: If a tenant is in more than eight weeks' rent arrears if their rent is paid weekly/fortnightly, or two months' rent arrears if it is paid monthly

Discretionary Grounds:

Ground 9: If a landlord has provided accommodation that is like-for-like for the current tenancy.

Ground 10: If the tenant is in a rent arrears but is less than ground 8.

Ground 11: If the tenant is constantly late in paying rent, but is not in rent arrears.

Ground 12: If the tenant has breached the agreement, excluding rent payments.

Ground 13: If the tenant has deteriorated or neglected the landlord's property.

Ground 14: If the tenant is a nuisance or annoyance to neighbours, or using the property for illegal or immoral activity.

Ground 15: If the tenant caused damage to furniture provided by the landlord.

Ground 16: If the tenant renting the property was an employee of the landlord and the employment has finished.

Ground 17: If the tenant was given the tenancy with a "false statement".

Currently, a landlord or letting agent on behalf of the landlord, can issue a Section 8 notice from the point of a break clause onwards for any of the above grounds as reason.

However, if a landlord believes there are multiple grounds on the same Section 8 notice, the longest notice period for how long a tenant has until they have to vacate the property typically applies.

By abolishing Section 21s, the Government aims to end "arbitrary" evictions. In their view, this will give renters more security and stability, allowing them to put roots down in their communities.

This means that Section 8 notices will become the primary mechanism for evicting tenants when the Renters’ Rights Bill becomes law.  As part of these reforms, the Government is introducing new mandatory grounds while also revising discretionary grounds to help landlords take their properties back “where there is good reason”.  Here’s what they look like: 
 

• Ground 1 (Amended) - If the landlord or a family member wishes to move into the property, this can only be done after the tenancy has exceeded 12 months.
• Ground 1A (New) - If the landlord intends to sell the property, this can only be used after the tenancy has exceeded 12 months.
• Ground 2ZA - 2ZD (New) – If the leasehold has ended and the landlord does not own the freehold.
• Ground 4A (New) - For student landlords not affiliated with an educational institution who need the property for new student tenants before the academic year starts.
• Ground 6A (New) - If the landlord needs possession to comply with enforcement action.
• Ground 8 (Amended) - If the tenant is at least three months in arrears (or 13 weeks if rent is paid weekly or fortnightly).
• Ground 14A (New) – Social landlords can evict a domestic violence perpetrator if the victim has fled.
• Ground 14ZA (New) - If the tenant or adult at the property has been convicted of an indictable offence during a UK riot.
• Ground 18 (New) - The tenancy is for supported accommodation, and the tenant refuses to engage in support.

Rest assured, whilst Section 21s have been the ‘norm’, there are still grounds for ending a tenancy should you experience anti-social behaviour, late payments or you wish to dispose of your asset. 

We are waiting on the next parliamentary reading, due this month, and until then, these are just proposed and not final. 

We will continue to keep you updated.  In the meantime, if you need any further information, please do contact us. 

Photo by Markus Winkler on Unsplash