If Labour’s new Renters’ Rights Bill becomes law, Section 21 will probably be scrapped. This is one of the main goals of the bill, similar to what the Renters (Reform) Bill aimed to do.
However, given that it still has a long journey ahead before it potentially takes effect, many landlords are left with questions about Section 21 notices and what might happen if they are indeed abolished.
Here’s everything you’ll find out about Section 21 notices in this guide:
- What is a Section 21 notice?
- Can landlords still use a Section 21 notice in 2024?
- When will Section 21 be abolished?
- How will landlords be able to evict tenants if Section 21 is abolished?
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What is a Section 21 notice used for?
A Section 21 notice is a notice under Section 21 of the Housing Act 1988 that allows landlords to evict tenants by providing them with two months’ notice once their fixed-term tenancy ends.
It’s commonly referred to as a ‘no-fault’ eviction notice as landlords aren’t required to give a reason for ending the tenancy.
If the Renters’ Rights Bill comes into effect, landlords will only have the option to terminate tenancy agreements using Section 8.
The main difference between the two is that to serve a Section 8 notice, the landlord needs to prove that the tenant has breached the terms of the tenancy agreement.
Can landlords still use a Section 21 notice in 2024?
Yes, landlords can still serve a Section 21 notice to end a tenancy. This is because the Renters’ Rights Bill has not yet come into force, and may not do so at all.
For your Section 21 notice to be valid, you must have fulfilled your obligations, for example, protecting your tenant’s deposit and providing them with the certificate, among other things.
To avoid any mistakes, make sure to use our hassle-free notice-serving tool, which will generate a Section 21 notice PDF for you, and then email it to each of your tenants at the property.
You might also be interested in…
- When Will the Renters (Reform) Bill Become Law?
- When Will Section 21 Evictions Be Scrapped?
- What Does the Renters’ Rights Bill Mean for Landlords?
- Are Rent to Rent Schemes a Good Idea for Landlords?
- Should I Transfer My Buy-to-Let Properties to a Limited Company?
When will Section 21 be abolished?
Labour has announced plans to abolish Section 21 “immediately,” but this is more of a statement of intent than a literal timeline.
Although the Renters (Reform) Bill progressed significantly through parliament before being scrapped, the Renters’ Rights Bill is a separate piece of legislation.
This means it will need to begin its legislative journey anew and pass through both houses of parliament.
Just to give you an idea, after being introduced in parliament, the Renters (Reform) Bill took a year to reach the House of Lords, undergoing significant revisions in the process.
Rest assured, we’ll keep you in the loop with any new developments, so be sure to stay tuned for updates.
Why does the government want to scrap it?
The Renters’ Rights Bill, which includes scrapping Section 21, is geared towards creating a fairer and more secure private rented sector.
Removing Section 21 evictions from the picture is intended to make renters feel more secure in their homes and push landlords to be more open and accountable when evicting tenants.
All in all, the goal of this change is to promote a more balanced rental market where tenants’ rights are strongly protected, and eviction processes are reasonable and clear.
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How will landlords evict tenants if Section 21 is abolished?
Without Section 21, landlords would likely need to rely on the existing Section 8 framework to evict tenants, which is very restrictive.
This means landlords will always be required to provide tenants with ‘reasonable’ grounds for ending their tenancy.
These grounds include situations like the tenants breaking the rental agreement by not paying rent or causing disturbances, or when landlords want to change how the property is used, such as for redevelopment or as a holiday rental.
In recent statements, Labour has mentioned revising grounds for possession, though it remains uncertain whether this will be done through amendments to Section 8 or new legislation.
If tenants want somewhere to live in the future with a chance of it being remotely affordable, they need to object to their MP against the abolishment of section 21.
I thought plans to scrap Sect 21 had been scrapped for now ? until the courts can get their act together.
courts get their act together? some hope . If the other side get in they will not worry about the courts. But at least shelter have been given a kcking (so far)
It was always the plan to improve court system before the scrapping of s.21. Media has done its usual trick and painted picture as shelving the scrapping of it.
Labour have seized opportunity to jump on it.