The government recently tabled a ban on no-fault evictions in Parliament, which illustrates a significant development for renters rights in the United Kingdom. This move aims to provide greater security and stability for tenants by limiting the circumstances under which landlords can evict them and end bans on tenants who claim benefits. While the ban is undoubtedly a step in the right direction, concerns persist where there is potential for ‘soft’ evictions. This blog post examines the implications of the ban on no-fault evictions, the benefits it offers to tenants, and the ongoing challenges that renters may still face.

Understanding No-Fault Evictions

No-fault evictions, also known as Section 21 evictions, allowed landlords in the UK to regain possession of their properties without providing a specific reason, leaving tenants vulnerable and uncertain about their future. This process often disrupted tenants’ lives, causing emotional distress and forcing them to relocate. The ban on no-fault evictions is designed to address these issues and protect tenants’ rights.

Shelter, a housing charity estimated that 230,000 private renters had been issued a no-fault eviction notice since April 2019, highlighting the instability this clause causes within the private rental market. 

Benefits For Tenants

1. Increased Security: The ban provides tenants with greater security and stability in their homes; by removing the threat of eviction without just cause, tenants can feel secure in their home
2. Improved Tenant-Landlord Relations: With no-fault evictions prohibited, landlords will be encouraged to maintain positive relationships with their tenants. This change in the law promotes open discussion and a more harmonious living environment.
3. Time to Find Alternative Housing: No-fault evictions often left tenants with limited time to secure alternative accommodation, leading to housing insecurity and potential homelessness. The ban allows tenants more time to explore housing options, reducing the stress associated with sudden displacement.

‘Soft’ Evictions?

Although the bill intends to prevent no fault evictions, private renters have expressed concern that ‘soft’ evictions through rent raises and general behaviour from the landlord could effectively allow no-fault evictions to continue. Landlords raising rent to unreasonable amounts, forcing tenants to move out is essentially a ‘soft’ eviction. Landlords are known to then re-list the property for 100s of £ more a month than the previous tenant was paying.

Landlords under the proposed changes to Section 21 would only be able to serve a rent increase where the market rent has risen also. Tenants are provided the opportunity to dispute this increase in the first-tier tribunal, it is hoped that this will provide adequate protection against any potential ‘soft’ evictions.

How does this effect Landlords?

While the bill sets out to remove no fault evictions, it makes it easier for landlords to regain control of their property where the tenants display anti-social behaviour or in the event of repeated failed rent payments.

It is crucial for the bill to strike a balance between the security of renters while acknowledging the need for eviction where appropriate to protect a landlords property. It is equally as important to realise that while tenants deserve stability in their rental home, there are occasionally genuine scenarios where eviction of a tenant is necessary

Conclusion

The tabled ban on no-fault evictions represents a significant milestone within the rental market by securing tenants’ rights and fostering a more balanced power dynamic in the renter/landlord relationship. The new legislation acts as a ‘safety blanket’ for tenants, removing the anxiety that naturally comes with a looming threat of eviction without fault. While this ‘blanket’ helps secure tenants’ rights, it is vital to consider why eviction legislation was initially created and important to recognise its use as a tool to protect landlords where used properly. This bill goes a long way in both protecting tenants rights, and providing landlords with further rights where an eviction notice should genuinely be given. It will be interesting to see if ‘soft’ evictions persist given the new regulations stipulating rent increases must reflect market rent prices, the bill is still yet to be scrutinised by Parliament and is subject to debate so the specifics may look slightly different when put into practise.

Disclaimer: This blog post provides an overview of the topic and does not constitute legal advice. If you require specific legal guidance or information, consult a qualified legal professional.