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Housing groups welcome plans to abolish Section 21 evictions

Housing and tenant groups have welcomed plans by the government to consult on abolishing Section 21 evictions, also known as ‘no-fault’ evictions, as part of a major shake-up of the private rental market.

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Jon Sparkes, chief executive of Crisis, said that the end of Section 21 will provide relief to renters who “live in anxiety”.

He said: “Where so many renters across the country currently live in anxiety of a ‘no-fault’ eviction, more stable tenancies are especially important to those who have experienced homelessness – helping provide much-needed stability, giving them time to put down roots in their community, find employment and access support services if needed.


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“While this is undeniably a positive step, we cannot forget that a chronic social housing shortage alongside woefully inadequate levels of housing benefit mean many people struggle to even afford a privately rented home.”

Announced by prime minister Theresa May today, the plan to abolish Section 21 was described by the government as the most radical changes to the private rental sector in a generation, and comes weeks after another landmark piece of housing legislation, the Homes (Fitness for Human Habitation) Bill, became active on 20 March.

A number of rent campaign groups welcomed the decision as an important first move in reforming the private rental market.

Dan Wilson Craw, director of Generation Rent, said: “Eleven million people in England have no idea where home will be in a year’s time, thanks to Section 21. The ability of landlords to evict without reason is disrupting educations, eroding our communities, and leaving tenants feeling powerless. The government has listened to renters and has made the right decision.”

Heather Kennedy, organiser at the New Economics Foundation, said that she had been evicted under Section 21 notices twice, and believed that the move will allow renters more stability.

She said: “Having landlords that can evict you on a whim, often because they want to put the rent up, is one of the most destructive examples of a housing system that puts the interests of landlords to make a profit above the needs of renters for a home.”

The London Renters Union also backed the plans.

Amina Gichinga, spokesperson for the union, said: “Ending Section 21 is a vital first step towards removing profiteering from housing and building a housing model based on homes for people not profit. However, it is only a first step. Landlords can still force us out of our homes simply by hiking up rents. Only rent controls can ensure that housing becomes affordable in our city.”

Although the government’s move was welcomed by many, the Residential Landlords Association (RLA) warned that the move could pose “serious risks” to tenants.

Commenting on the plans, David Smith, policy director at the RLA, said: “While the RLA recognises the pressure being placed on government for change, there are serious dangers of getting such reforms wrong.

“With the demand for private rented homes continuing to increase, we need the majority of good landlords to have confidence to invest in new homes. This means ensuring they can swiftly repossess properties for legitimate reasons such as rent arrears, tenant anti-social behaviour or wanting to sell them. This needs to happen before any moves are made to end Section 21.

“For all the talk of greater security for tenants, that will be nothing if the homes to rent are not there in the first place. We call on the government to act with caution.”

The British Property Federation (BPF) also sounded a note of caution on the new plans, stating that the plan was a “radical step that will need a lot of careful thought”.

Melanie Leech, chief executive of the BPF, said: “The detail in the grounds for possession will be important to get right, and while we recognise the need to prevent unfair evictions, professional landlords must not be prevented from ensuring that rent is paid, repairs can be made and anti-social behaviour is challenged.

“It is crucial not to destabilise investment in the build-to-rent sector, to ensure new rental homes remain high quality and communities are well managed, and that the sector continues to help meet housing need. The student accommodation sector will also require exceptions to ensure final-year students vacate properties for incoming first-year students.”

European law firm Fieldfisher also warned that scrapping Section 21 will have little real effect. Rhodri Pazzi-Axworthy, real estate partner at the firm, said: “This move is frankly unnecessary, as assured shorthold tenancies already provide for longer terms than six or 12 months.

“Regarding the revised ‘bad tenant charter’, the only real change is the right to termination at will at the end of a tenancy, or after two months if the tenancy is a rolling one.

“The landlord’s right to recover their property for their own use or on sale is still protected.

“So, although landlords will still be able to recover properties from bad tenants, this will require eviction proceedings, which will put more pressure on courts and cost more.”

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