A quick discussion on no-fault evictions following the King’s Speech on 17 July 2024

The continual threat of eviction to many tenants has prompted the new government to press on with the abolishment of no-fault evictions and change the grounds for possession, all of which may affect landlords to an extent.

This proposed change to the law has already raised significant concerns among residential landlords, as the end of no-fault evictions will present more challenges when reclaiming possession of a property.

It is hoped that there will be some mandatory grounds for repossession within the new legislation including, for example, the sale of a property.

The real worry is how the market will respond. There have already been some suggestions within the press that landlords are considering withdrawing as a result of these changes.

The impact of the new legislation

In the recent King’s Speech, King Charles announced the forthcoming abolition of no-fault evictions and the introduction of new, clear, and expanded possession grounds.

These changes will be part of a new Renters’ Rights Bill (the interesting change in title from its predecessor is noted).

It may be some time before the exact form of the new act is clear and the Bills will likely be subject to consultation and potential challenges from the industry, but landlords should be aware of the forthcoming change and prepare themselves for the tightening of procedures.

Here are some general tips for landlords on managing tenant evictions under the potential legislation:

Maintain thorough documentation

Keep detailed records of all communications with tenants, including any issues or breaches of the tenancy agreement.

Documentation can serve as evidence if you need to pursue legal action for eviction. Ensure that all notices, warnings, and agreements are recorded and stored securely.

Serve appropriate notice

With the abolition of Section 21 notices, landlords will need to rely on other legal grounds for eviction, to be outlined in the new Renters’ Rights Bill.

It is essential that the landlord complies with regulations and legislation that still affect the validity of s21 notices.

These are various in nature, and the landlord’s compliance must be complete.

Ensure that any notice required contains all necessary information and is served in accordance with the requirements of the legislation.

Provide valid reasons for eviction

Under the new legislation, it is likely that landlords will need to prove any mandatory grounds for eviction.

The usual grounds are likely to remain, including damage to the property, anti-social behaviour or other breaches of the tenancy agreement, subject to the final legislation but a previously proposed persistent arrears condition seems to have been muted.

Clear and justifiable reasons will support your case if the eviction is contested.

Seek mediation

Before resorting to eviction, consider mediation as a way to resolve disputes.

Mediation can help landlords and tenants come to an agreement without the need for legal action.

This approach can save time, reduce stress, and maintain a positive landlord-tenant relationship.

Establish clear communication

Maintain an open and friendly line of communication with your tenants.

Regularly check in with them to address any concerns or issues they may have. Clear communication can prevent misunderstandings and enable a positive relationship.

Conduct regular property inspections

Regular inspections can help identify and address potential issues before they escalate.

Inspections should be conducted respectfully and according to the terms of the tenancy agreement.

Use these opportunities to ensure the property is well-maintained and compliant with health and safety standards.

Offer support and flexibility

In situations where tenants face financial difficulties, consider offering support and flexibility.

This could include setting up a payment plan for overdue rent or temporarily reducing rent.

Offering support can help retain good tenants and avoid the need for eviction.

Conclusion

There is not yet an official date for when the ban on no-fault evictions will become law, but landlords prepare themselves and stay informed about the latest developments.

For more information about changes in tenancy legislation, or for further advice on handling eviction processes effectively, please contact our expert team of solicitors today.

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Tony Kent
Tony is Head of the Property Litigation team at Mackrell.Solicitors’ London office, where he has particular expertise in a wide range of property dispute areas, residential and commercial, acting for both landlord and tenant. His team advises on leasehold enfranchisement, rent and service charge recovery, residential and commercial possession proceedings and a variety of other types of litigation, including the recovery of estate agents’ fees and property-related matters.
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