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Study Challenges Need for Section 21 Repeal Amid Calls for Housing Court

The proposed Renters’ Reform Bill, which aims to professionalise the private rented sector (PRS), has come under fire for its controversial plan to abolish Section 21 ‘no fault evictions.’ Critics argue that this change would be unworkable without corresponding reforms to the court system. A recent study by property services specialist Leaders Romans Group (LRG) found that Section 21 is infrequently overused or misused, casting doubt on the necessity of its repeal.

Section 21 of the Housing Act 1988 allows landlords to evict tenants without providing a reason, which tenant advocates argue can lead to vulnerability and reluctance to complain. However, LRG’s survey of 271 landlords across multiple estate agency brands revealed that 80% have never used Section 21, with only 6% using it for tenants in breach of their lease and a mere 3% for those not in breach.

Allison Thompson, National Lettings Managing Director at LRG, noted that while they support professionalising the PRS, the proposed changes, including Section 21’s repeal, could create new challenges for landlords and tenants. Thompson highlighted the importance of private landlords in meeting increased rental demand and warned against measures that could push landlords out of the market, harming rental affordability.

LRG’s research follows the Levelling Up, Housing and Communities (LUHC) Committee’s response to the Government’s Reforming the Private Rented Sector policy document. Although the All Party Parliamentary Group supports the repeal of Section 21, they have requested exemptions and argue that the abolition would only be feasible if a housing court were established – an idea the government has rejected.

Thompson emphasized the importance of consulting with landlords before making such significant changes and noted that the government’s response to no-fault evictions may be extreme, unnecessary, and detrimental to both landlords and tenants. She urged the government to reconsider the proposed Section 21 repeal.

 

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