A respected property lawyer is accusing the government of helping nuisance tenants at the expense of the weak and vulnerable.

Ian Narberth, a solicitor at law firm DMH Stallard, says scrapping Section 21 eviction powers – a pledge contained in the Renters Reform Bill – will backfire with unintended consequences.

He says the Bill allows agents and landlords to evict for behaviours ‘capable of causing’ a nuisance or annoyance as opposed to behaviours ‘likely to cause’ a nuisance or annoyance. 

He claims that although the government says this means that a wider range of tenant behaviours can be considered in court, this actually misses the point.

“Lawyers may argue about the subtle change in wording, but most cases don’t get to court and by the time they do the behaviour is serious and anti-social, not just capable of being so. Until now landlords served section 21 notices on anti-social tenants and did not need to go to court.

“Many victims of Anti Social Behaviour are frightened to give evidence. With the massive backlog in cases, it can be many months before cases are heard. Witnesses may fear harassment during that time by an aggressive neighbour and their family and friends. Landlords can give no guarantee of succeeding and witnesses will fear reprisals, especially if the eviction fails.

“Instead of landlords dealing with the problem simply and confidentially, abolishing section 21 means troublemakers must have their day in court and many victims will choose to suffer in silence or else leave their homes rather than give evidence.

“The government will be helping nuisance tenants at the expense of the weak and vulnerable, which is the opposite of what it is claiming.”  

Currently a Section 21 warns the tenant that they will need to vacate the property after a stipulated period, and the landlord is not required to give a reason. 

A Section 8 Notice must give a reason or reasons described in law as ‘grounds for possession’. There are 17 official grounds for possession. 

Agents and landlords often use a Section 8 Notice when the tenant breaks the terms of the tenancy agreement.

Research carried out by Leaders Romans Group has found that Section 21 is rarely overused, and even more rarely misused. 

LRG surveyed landlords across its estate agency brands and found that 80 per cent of landlords had never used Section 21. Of those that had, 63 per cent did so because the tenant was in breach of the lease, and 38 per cent used a ‘no fault’ eviction.

LRG says that while it’s fully supportive of ‘professionalising’ the private rented sector, many of the proposed changes in the Renters Reform Bill – including the repeal of Section 21 – would pose new challenges to some landlords in some situations and could penalise both landlords and tenants.

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