The government is preparing to introduce the Renters’ Rights Bill this week, which will abolish Section 21 ‘no fault’ evictions. However, concerns are mounting over the lack of action to address significant court delays, raising worries among landlords and tenant organisations alike.
Section 21 evictions set to be abolished
The Renters’ Rights Bill, expected to be published in Parliament, aims to deliver a key promise to end Section 21 ‘no fault’ evictions. This provision has allowed landlords to evict tenants without providing a reason, often leaving tenants with little security. With the bill, the government aims to transform the private rental sector by giving tenants more rights and stability.
However, there is growing concern from landlord groups, particularly the National Residential Landlords Association (NRLA), about the impact on the court system. Ben Beadle, CEO of the NRLA, warned that without additional reforms to streamline the legal process, there could be serious delays in evicting tenants when landlords have legitimate reasons to seek possession.
“The end of Section 21 will leave the courts needing to process possession claims where landlords have a legitimate reason. Without reforms to ensure the courts process cases much more swiftly, they risk becoming overwhelmed, which will not serve the interests of tenants or landlords seeking justice,” Beadle said.
Worries over court backlogs
A significant issue with the abolition of Section 21 is that landlords will be forced to rely on Section 8 of the Housing Act, which requires them to provide a legal reason for eviction, such as non-payment of rent or anti-social behaviour. This process typically involves the courts, and with an already strained system, landlords are concerned that the delays in hearing cases could stretch into months, if not longer.
The previous Conservative government had acknowledged the need for reforms in the courts to ease these pressures, but no significant action was taken before the last General Election. Now, the Labour government is picking up where its predecessor left off, but the absence of court reform in the proposed bill is causing alarm among industry stakeholders.
Without swift court processing, landlords could face extended periods without being able to regain possession of their properties, creating a backlog of cases that could have unintended negative consequences for both landlords and tenants.
New measures for renters and landlords
The Renters’ Rights Bill is not just about ending Section 21 evictions; it also includes several other measures aimed at improving the rights and protections of tenants. The government plans to empower tenants to challenge rent increases designed to force them out ‘by the back door’. Additionally, bidding wars—where landlords encourage prospective tenants to outbid each other for rental properties—will be stopped.
Tenants will also gain the right to request permission for pets in their homes, though landlords will be able to require tenants to take out insurance to cover potential pet-related damages. In line with this, the bill will introduce a ‘decent homes standard’ across the private rental sector (PRS), ensuring rental properties meet basic health and safety criteria.
Furthermore, the bill will apply Awaab’s Law—named after Awaab Ishak, who tragically died due to prolonged exposure to mould in his home. This measure will enforce strict penalties on landlords and agents who fail to promptly address issues like damp and mould. A national database of landlords and their properties is also set to be created to improve accountability and transparency in the sector.
The future of the rental market
While the Labour government is determined to move forward with these reforms, the question of court delays looms large. The Renters’ Rights Bill aims to provide tenants with much-needed security and protections, but without addressing the court system’s capacity, landlords fear that the abolition of Section 21 could create a bottleneck in the judicial process.
As the government progresses with its plans, it will need to carefully balance the rights of tenants with the operational needs of landlords. Reforming the courts may prove essential in ensuring the success of the proposed legislation and preventing potential unintended consequences in the UK’s rental market.
The government’s determination to deliver its “manifesto commitment to transform the experience of private renting,” as stated during the King’s Speech in July, remains clear. However, both tenants and landlords are watching closely to see how these new rules will be implemented and what impact they will have on the broader housing market.
