Now Section 21 heading to the scrapheap

Now Section 21 is en-route to the scrapheap, we need a Section 8 that works

Yesterday the Government sounded the death knell for the no-fault Section 21 eviction. Amidst the celebrating voices of tenants, local authorities and housing campaigners, the genuine concerns of landlords aren’t heard, but we should be used to that by now.

This change has been on the cards for some time and may be implemented as early as October. In the few remaining months between now and then, landlords in England and Wales need to work to ensure that the Section 8 eviction process is effective.

The Government says the reforms will give landlords speedy redress when they need their property back for legitimate reasons, but we cannot sleepwalk into a nightmare. With no-fault evictions no longer sufficient, landlords must now prove a “concrete, evidenced reason already specified in law” to regain their properties. Unlike Section 21, tenants can challenge a Section 8 eviction notice in court. Proceedings could drag on, and solicitors may be all too willing to rack up substantial fees while the judiciary deliberates.

The slow nature of the judicial process raises another question. Although Section 21 is currently relatively straightforward, regaining possession can still take a few months. It’s likely that there will have to be a transition period where existing Section 21 notices work through the system before the new regime takes over.

Over the longer term, the industry will face both benefits and challenges. Landlords may protest, but Scottish landlords already operate without no-fault evictions. The message from north of the border is clear: responsible landlords are managing the change successfully. In fact, many argue that the shift is raising standards in the sector, as landlords focus on completing necessary repairs rather than simply swapping tenants for those more tolerant of problems.

Of course, letting to the right tenant in the first place is more important without the no-fault option. If you take away just one message from the impending change, it’s that thorough tenant referencing will be critical.

This story has hit the mainstream headlines and will receive wide public support. There’s no doubt that some tenants will enjoy better protection from unscrupulous landlords, but there can also be little doubt that the reforms will deter some people from becoming private landlords in the first place and may drive others to sell up.