I want to alert landlords to a critical update: if you’re considering an eviction, now is the time to act. Significant changes to eviction laws are on the horizon, and with Section 21—the “no-fault” eviction route—soon to be abolished, moving quickly could save you future hassle and costs.
For years, Section 21 has empowered landlords to reclaim properties without needing specific grounds for eviction, as long as notice requirements were met. This flexibility, however, is about to disappear. The government’s proposed abolishment of Section 21 will mean landlords will need concrete reasons for evictions—like unpaid rent or property damage—leading to a more complex, time-consuming process.
To legally serve a Section 21 notice, landlords in the UK must ensure they have the following documents in order. Missing any of these requirements can invalidate the notice, resulting in costly delays and complications:
A copy of the original tenancy agreement signed by both landlord and tenant, which must be an Assured Shorthold Tenancy (AST).
Use the latest Form 6A for serving notice under Section 21. The form must be correctly filled and provided in compliance with the required notice period.
Provide a valid EPC for the property, given to the tenant at the start of the tenancy.
If applicable, supply a valid gas safety certificate to the tenant within 28 days of the inspection and before the tenancy begins.
Provide the tenant with the latest “How to Rent: the checklist for renting in England” guide at the start of the tenancy or whenever the guide is updated.
Verify that the tenant’s deposit is secured in a government-authorized scheme (such as DPS, TDS, or MyDeposits). The tenant should receive the prescribed deposit protection information within 30 days of deposit receipt.
The end of Section 21 represents a fundamental shift in the landlord-tenant relationship, making the eviction process far more rigorous. Here are the keyways it will impact landlords:
Landlords will no longer be able to evict tenants without a valid reason. Only specific grounds such as non-payment of rent, property damage, or breach of tenancy terms will be acceptable. This change will reduce flexibility, requiring landlords to document and prove any reasons for eviction.
With more tenants expected to contest evictions, landlords will likely face longer wait times, more detailed documentation requirements. The need for solid evidence means that landlords may need to hire legal support for successful eviction proceedings.
Evictions could take much longer as cases move through the courts, especially if tenants challenge the grounds for eviction. The new process will impose stricter timelines and verification steps, potentially leaving landlords with tenants for extended periods even after issuing a notice.
With increased timelines and legal costs, landlords may experience delays in regaining control of their property, which could impact their cash flow, especially if tenants have arrears. Additionally, extended court processes may mean landlords will face losses if the property cannot be re-let promptly.
Landlords will need to keep detailed records of tenant communications, maintenance requests, and property inspections. This documentation will become essential if eviction proceedings are necessary, as each case will require substantial evidence to support the grounds for eviction.
The process for selecting tenants will become even more critical under the new regulations. Careful screening for reliable tenants who pay rent on time and adhere to tenancy agreements can help minimize potential eviction issues, reducing the need for the legal and administrative burden that comes with evictions.
If an eviction is on the horizon, taking action before Section 21 is abolished can save both time and money:
Streamlined Process: Section 21 currently offers a straightforward eviction process—no justification needed beyond proper notice.
Reduced Legal Costs and Complications: Avoid the extended legal procedures and fees that are likely to come with the new rules.
Manage Your Property on Your Terms: Acting now allows you to handle evictions under the current, simpler framework, sparing you from the anticipated administrative burden.
At Adam Bernard, we specialize in assisting landlords with the eviction process, ensuring full compliance and smooth proceedings. Our services include:
Comprehensive Guidance: We handle every step, making sure your process is seamless and compliant with current regulations.
Notice Preparation and Delivery: Our team ensures your Section 21 (or Section 8, if needed) notice is legally sound and correctly served.
Court Representation: If your case requires court involvement, our experienced team will advocate for your rights.
Preparing for Future Changes: We advise on best practices for tenant management and lease structuring to keep you ahead of regulatory changes.
Preparing for a post-section 21 Landscape
As Section 21 comes to an end, landlords will need to adapt. Key steps to consider include:
Detailed Documentation: Keep thorough records of tenant communications, maintenance, and payment issues.
Tenant Screening: Careful tenant selection will be even more crucial under the new laws.
Regular Inspections: Routine property inspections will help you identify and address issues proactively.
With Section 21 soon to be abolished, now is the time to act. At Adam Bernard, we’re here to help you navigate these changes with confidence. Reach out for a consultation and let us guide you through a hassle-free eviction process and prepare for the evolving legal landscape.
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