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Government Proposal to Abolish Section 21

Government Proposal to Abolish Section 21

Following a recent announcement by Theresa May, the Government will be launching a consultation for the proposed abolition of the ground for eviction, known as the “no-fault eviction”, section 21 of the Housing Act 1988. 

Prime Minister Theresa May said:

“Everyone renting in the private sector has the right to feel secure in their home, settled in their community and able to plan for the future with confidence.

“But millions of responsible tenants could still be uprooted by their landlord with little notice, and often little justification.

“This is wrong – and today we’re acting by preventing these unfair evictions. Landlords will still be able to end tenancies where they have legitimate reasons to do so, but they will no longer be able to unexpectedly evict families with only 8 weeks’ notice.

“This important step will not only protect tenants from unethical behaviour, but also give them the long-term certainty and the peace of mind they deserve.”

Communities Secretary, Rt Hon James Brokenshire MP, said:

“By abolishing these kinds of evictions, every single person living in the private rented sector will be empowered to make the right housing choice for themselves – not have it made for them. And this will be balanced by ensuring responsible landlords can get their property back where they have proper reason to do so.”

Mr Brokenshire also said the plans would offer “speedy redress” to landlords seeking to regain possession of their property for legitimate reasons, such as to sell it.

The new proposal is likely to see amendments to the grounds set out in Schedule 2 to the Housing Act 1988, otherwise known as the section 8 eviction procedure.  Amendments will likely include a new ground for a landlord to evict their tenant where they can prove their property is genuinely to be sold or is marketed for sale.

The Governments proposal to abolish the section 21 ground for possession will no doubt concern most landlords. We will continue to post updates on this following the governments consultation on the abolition of the section 21 ground. 

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