From 1st May, the introduction of the Renters’ Rights Act brings major changes to how landlords can regain possession of their rental property. The removal of Section 21 means landlords can no longer issue ‘no-fault’ evictions. Instead, all possession claims must now be made under Section 8, using a valid legal ground, with most cases requiring a court hearing.
Key Changes
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Section 21 (‘no-fault’ evictions) will be abolished
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All evictions must now be carried out using Section 8, with a valid legal ground
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All contested evictions will require a court hearing
How This Affects Your Rental Property
Section 8 Reforms
Section 8 will remain the only route to possession and has been strengthened, but with stricter rules
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Most notice periods will increase, with many common grounds requiring 4 months’ notice
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Rent arrears threshold increases from 2 months to 3 months
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Notice period for rent arrears doubles from 2 weeks to 4 weeks
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A new ground for repeated arrears allows action where tenants have fallen into arrears multiple times
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Anti-social behaviour grounds are strengthened, allowing faster action
Restrictions on Selling or Moving In
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Landlords cannot use these grounds within the first 12 months of a tenancy
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Where possession is gained to sell, the property cannot be re-let for 12 months following the notice period
What This Means
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Possession will take longer in most cases
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Evidence is required for all claims
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There is greater reliance on court processes
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There is an increased risk of lost rental income during possession periods
Key Considerations
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Tenant selection and affordability checks are more important than ever
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Clear records and evidence must be maintained throughout the tenancy
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All processes must align with updated legal requirements
For managed tenancies, we will ensure all procedures are handled in line with the legislation.
Frequently Asked Questions
General
1. What is changing with evictions?
Section 21 is being removed, meaning all evictions must now go through Section 8 with a valid legal ground.
2. Will these changes apply to existing tenancies?
Yes, all tenancies will fall under the new rules once implemented.
Section 21
3. What is Section 21?
It currently allows landlords to regain possession without giving a reason. This will be abolished.
4. What replaces Section 21?
Section 8 will be the only legal route to possession.
Section 8
5. What is a Section 8 eviction?
A legal process where possession is sought based on specific grounds, such as rent arrears or anti-social behaviour.
6. Will landlords still be able to evict tenants for rent arrears?
Yes, but tenants must now be at least 3 months in arrears before notice can be served.
7. How long is the notice period for rent arrears?
This will increase from 2 weeks to 4 weeks.
8. What is the repeated arrears ground?
Landlords can seek possession if a tenant has been in 2 months’ arrears on three separate occasions within 3 years.
Timescales & Process
9. Will evictions take longer?
Yes, in most cases due to longer notice periods and court involvement.
10. Will all evictions go to court?
All contested cases will require a court hearing.
Grounds for Possession
11. What are valid reasons for eviction?
Examples include:
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Rent arrears
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Anti-social behaviour
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Breach of tenancy
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Landlord selling or moving into the property
12. What counts as anti-social behaviour?
Actions causing nuisance or annoyance, illegal activity, or behaviour impacting neighbours.
Risk & Management
13. How can landlords protect themselves?
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Carry out thorough referencing and affordability checks
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Monitor rent payments closely
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Keep clear written and photographic records
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Seek advice before taking action
14. Can tenants challenge eviction?
Yes, tenants can contest claims through the court process.