Tenant groups are cheering the proposed abolition of Section 21 eviction powers but there’s a legal warning that the reality may be bad news for renters.

“Tenant groups should be careful what they wish for” cautions Ian Narbeth, a consultant solicitor in the real estate team at law firm DMH Stallard.

He continues: “Until the introduction of assured shorthold tenancies, the residential rental market was stultified.

“Owners, fearful that they might never recover their property will be reluctant to let. If landlords serve s8 notices for rent arrears instead of the quicker s21, tenants will have county court judgments registered against them, wrecking their credit referencing and meaning that when they apply to the council for a home they will be considered to be ‘intentionally homeless’.

“Behind most so-called ‘no fault’ evictions is a solid reason such as non-payment of rent or anti-social behaviour. 

“Asking victims of anti-social behaviour to wait months before giving evidence against their abuser will lead to victims having to leave instead of the antisocial offender.

“Matters will be even worse in Houses in Multiple Occupation where victim and abuser have to live under the same roof and the landlord cannot guarantee a successful eviction.

“Families who let out their home while working abroad will be concerned that they may not get it back when they return without going through the uncertain court procedure. Being delayed by several months in recovering their home may mean staying in expensive B+Bs or taking on an expensive 12 month lease.

“Private landlords, having already faced eight years of anti-landlord legislation, may take their properties off the market, exacerbating the shortage of housing and pushing up rents.” 

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