No Fault Evictions to be Banned

"No fault" evictions, are one of multiple provisions to be banned, with other measures to be introduced through new legislation.

The new Labour government has introduced the Renters’ Rights Bill, a proposed piece of legislation that is set to ban section 21 "no fault" evictions. This means that landlords will be required to provide a “valid cause” as to why the tenancy should end early.

Currently, landlords can evict tenants without needing specific reasoning as to why this decision has been made, with the only requirement being that renters are given a two-month notice period. This provision offers little room for challenging the eviction and means that tenants can struggle to establish long-term housing security. 

With almost 300 Londoners a week facing a section 21 notice and in 2023 "no fault" evictions hitting a seven-year high, could this be a saving grace for renters?

Housing Minister Matthew Pennycook says the government hopes that tenants will be able to see the result of this legislation by Summer 2025. Despite his optimism, the changes are still to make their way through the House of Commons and therefore are subject to approval and possible changes by MPs and others, which could delay the legislation and ultimately its effects.

The previous Conservative led government introduced legislation dealing with banning "no fault" evictions, which was faced with criticism and many amendments. However, Tom Darling of Renters’ Reform Coalition suggested that the new bill being introduced by Labour government is “a stronger piece of legislation” than other previous attempts.

Deputy prime minister Angela Rayner hopes that this introduction will “…rebalance the relationship between tenant and landlord…” saying it is “vital” for renters to be afforded clear rights, sparing them from unjust treatment, which in many cases can lead to homelessness.

The new bill is set to not only ban "no fault" evictions, but it has also been announced that “Awaab’s Law” will be applied to the private rented sector, affording renters the chance to challenge dangerous and hazardous living conditions.

The law is named after the tragic death of toddler Awaab Ishak who passed away in December 2020 from a respiratory condition caused by mould in the flat where he lived. In June 2020, Awaab’s father had instructed solicitors to pursue his claim over the issue of reoccurring mould within the flat. However, an agreement was not  reached and Rochdale Boroughwide Housing took no action. The Housing Ombudsman found that the housing association had been “dismissive” with its residents and their issues with the buildings. Mr Abdullah stated, he did not feel that he was considered a human being, which was met with replies from RBH claiming it was “truly sorry”.

The bill also intends to ban in-tenancy rent increases, capping rent rises to once a year, at market rates, as well as banning rental bidding wars and even introducing the right for tenants to request a pet (which cannot be unreasonably refused).

However, this proposed legislation has received some criticism. Nick Emmerson, president of Society, welcomes the concept of ending "no fault" evictions in an aim to “bolster protections” but suggests “maintaining” a balance is key and stresses a need for more details on how the ban will be put in place and the effects on the routes to repossess which are afforded to the landlord. Emmerson maintains there is a need for more investment into legal aid systems and courts so that if faced with eviction, renters can “access justice”. Ben Twomey, chief executive of Generation Rent reiterated this and that there is still much work to do before greater protection for renters truly becomes a reality.

If you are a landlord or a tenant, and you need legal advice about eviction, our specialist solicitors at Samuels will be able to help. Contact us today to speak to an expert lawyer.