A legal practice claims that because of the incoming Section 21 notice ban there could be a ‘deluge’ of extremely worried landlords fast track evictions before it is outlawed.

The government’s decision to scrap Section 21 of the 1988 Housing Act which allows landlords to evict renters without ‘cause’ with two months’ notice, was announced in the recent Queen’s Speech. The White Paper’s precursor to the introduction of the Renter’s Reform Bill will be ‘published’ shortly and will provide further details of the government’s intentions and timetable.

Michael Stock, head of property department at London law firm OGR Stock Denton, says: “There will be many tenants evicted before legislation is passed. We will potentially see fast track evictions and a surge in private landlords selling their rental properties.

“Consequently, we’ll see a reduction in properties in the private rental sector, the ripple effect of which will mean more stress on the rental market. It could cripple the sector. I don’t think this has been thought through at all.”

He wants the government to fully clarify how it will affect landlords wanting to sell their property and needing the tenant to ‘move on’.

Stocks says: “Landlords could now be held to ransom by a tenant who refuses to leave after the term of the lease is up. No buyer is going to hang around while the matter progresses through the courts. It’s all very well saying you can’t evict a no-fault tenant but there will be exceptions where a landlord wants to sell” says Stock.

The former Prime Minister Theresa May was responsible for initially proposing the scrapping of Section 21 in April 2019, and later that year when Boris Johnson took over the role he made the pledge as part of the Conservative Genera Manifesto that, “there will no longer be fast track evictions at short notice and without a good reason”.

Stock has contacted Michael Gove, the Secretary of State for Levelling Up, Housing and Communities, voicing his concerns and requesting the exact details on how landlords with good cause or reasons ‘are allowed’ to evict tenants.

He believes there will be many tenants who will take advantage of far more protection to stop fair rent rises and for those landlords who either wish to move back into their property or hand over to a family member, could be obstructed from doing so.

Stock continues: “I can see an argument for rules that stop unscrupulous landlords coming up with a sham sale or unilaterally putting up rent unreasonably to get a tenant out, but there will also be room for mischief from tenants who can dispute fair rent increases and just staying on where there is a genuine proposed sale, knowing a landlord can’t get their tenants out.”

Currently tenants are able to fight S21 notices legally through court which can delay the eviction process for many months.

“There is a genuine fear that this is going to have a detrimental impact on landlords and their properties in several genuine scenarios, particularly small investors who have one or two properties and are hoping to sell one to release funds” insists Stock.

“I can’t see any drafting in the proposed  legislation to cover such scenarios and it’s a potential own goal that the government is going to score with its traditional supporters.”

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