The Renters Reform Bill will abolish the Section 21 Notice which allows a landlord to evict tenants at the end of a fixed term without good reason.

The changes to the law – designed to protect the UK’s 11 million tenants and provide them with safer, fairer and higher quality homes – will bring in greater restrictions on landlords whose reasons for wanting to evict their tenants do not meet a certain criteria.

The Bill is currently going through Parliament and is expected to become law next year.

The new laws were designed to crack down on no-fault evictions.

The main change is that a landlord cannot ask a tenant to leave if, for example, they want to move a friend into their property, or if for any reason they just don’t like them.

The only way they can evict their tenants who are “not at fault”, is if they want to live there themselves, or move an immediate family member in, or if they want to sell the property. Even then, it will not be a quick process, because, if a landlord wishes to move into the property themselves, they cannot serve notice within the first 6 months of the tenancy.

The changes will also allow tenancies to roll month by month meaning landlords who previously were entitled to six or 12 months’ tenancies will now be periodic and determined by the frequency that rent is paid. This gives tenants much more flexibility, and removes the security for landlords knowing they have a tenant in situ for 6/12 months.

The reforms will give more rights to tenants who want to keep pets too. Under current legislation a blanket ban on all pets is allowed. Most landlords take advantage of the ban for fear of potential damage caused by the animals to the property.

Under new proposals, still be discussed, a tenant has the right to request to keep a pet and the landlord will have no right to refuse the request without good reason. However, they may ask their tenant to cover pet insurance and home insurance to cover any damage.

Tenants who fall behind with the rent or who are causing anti-social behaviour are not protected by the laws and may still be evicted by their landlord in the usual way under the section 8 notice regime.

The new reforms will give tenants more protection but restricts what landlords can do with their own properties.

There are expected to be some exceptions such as private student lets, though this is yet to be confirmed.

If you are a Residential Landlord looking for advice on this issue or any other, please get in touch with our expert team.

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After making sure you have served the correct notice (find out more here)  you must then wait the appropriate period of time before issuing the claim.

1. Waiting

The notice you must give your tenant depends on how frequently they pay rent. If the rent is due monthly then you must give 2 months’ notice.  If you do not wait long enough after issuing the claim then a Judge is likely to strike out your claim for possession and you will have to start again.

2. What sort of claim?

Once you have waited the required period and the tenant hasn’t vacated then you will need to issue proceedings in the county court. You can issue the usual method or the accelerated method.

Accelerated Method

You can only use this method where you are not claiming any money from the tenant. If your tenant is in rent arrears, as well as being outside the fixed term of the tenancy, then you must issue in the usual way.

The Accelerated Method is, as the name suggests, faster. Usually it won’t involve a court hearing but the tenant will be able to put forward objections.   A Judge will then consider the objections and will list it for a hearing if there is any merit to them. Such issues include: failure to comply with deposit rules, failure to obtain an energy performance certificate, failure to state the correct date for issuing etc.

Usual Method

For this method you use an ordinary claim form and the tenant has an opportunity to file a defence. This method will usually be used where you are claiming for rent arrears and evicting at the end of the fixed term. This is not the procedure where the reason for the eviction is rent arrears. Please read Which Notice for more information.

3. Post-issue

If you have issued via the Accelerated Method and there are no legitimate objections raised then you will receive an order for possession.

If you have issued via the normal method you will receive a Notice of Hearing and will have to attend court before a District Judge. It will be your responsibility to ensure the Judge has sufficient information and is convinced that a possession order and judgment for the arrears will be granted. You can file a witness statement ahead of the hearing if the content of the claim form is not sufficiently detailed to deal with your circumstances. 

4. Enforcement 

Obtaining a possession order does not necessarily mean the tenant will vacate. You will then need to instruct a bailiff or a sheriff.

If you would like assistance, please contact John Ward on 024 7653 1532

The post So I’ve Served My Tenant with a Section 21 Notice – What’s Next? appeared first on Brindley Twist Tafft & James.