Eviction notice

What's Happening to Section 8 and Section 21?

The Government have announced plans to remove Section 21 of the Housing Act 1988 and improve Section 8 eviction grounds.  

Section 21

Outside of the fixed term period, a landlord can evict a tenant in accordance with Section 21 of the Housing Act 1988 using a Section 21 notice but only where the landlord has complied with certain legal obligations (serving relevant info and two months’ notice once their fixed-term contract has come to an end). 

These are commonly known as ‘Section 21’ evictions or ‘no-fault’ evictions because the landlord does not need to provide any grounds for eviction.

Section 8

A landlord can only currently seek possession within the fixed term tenancy period by applying to the court for possession in accordance with Section 8 of the Housing Act 1988 on one or more of the grounds contained in Schedule 2.

These grounds include the mortgage lender being entitled to possession of the property, the tenant being at least eight weeks or two months in rent arrears or a breach of any term of the tenancy agreement, amongst several other grounds. These are commonly known as ‘Section 8’ evictions.

Why does the Government want to remove Section 21 notices?

The Government is committed to modernising the private rented sector, and intends to introduce a new, fairer deal for both landlords and tenants. The Government have stated that they hope to abolish Section 21 by removing assured shorthold tenancies. Instead, Section 8 would have enhanced grounds for which a landlord can evict a tenant and a simpler, faster process through the courts, so landlords aren’t waiting too long to evict a tenant.

The changes would hopefully mean tenants’ would have the security of staying in their property for as long as they need to, and landlords would be able to quickly and fairly evict tenants if they break the terms of their agreement, or if the landlord wishes to take back the property to sell or live in themselves.

 

You can read more about the proposals and consultation here.

 

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