The white paper outlines proposals to abolish section 21 evictions and introduce a simpler, more secure tenancy structure. A tenancy will only end if the tenant ends it or if the landlord has a valid ground for possession.
The grounds for possession will be reformed to ensure landlords have effective means to gain possession of their properties when necessary. New grounds will be created to allow landlords to sell or move close family members into the property. Grounds covering persistent rent arrears and anti-social behaviour will be strengthened.
Under the proposed new law, tenants would be given the legal right to request a pet in their home, which the landlord cannot unreasonably refuse, and it would be made illegal for a landlord to refuse tenancies to families with children, or those in receipt of benefits.
Response
Alongside the white paper the Government published its response to the 2019 consultation on ‘A New Deal for Renting’ providing more detail on tenancy reforms; and its response to the ‘Considering the Case for a Housing Court: Call for Evidence’ which outlines reforms intended to improve the efficiency and speed of court processes for possession cases.
On 15 February 2023, Baroness Scott of Bybrook said: “Ensuring a fair deal for renters remains a priority for this Government, and we will legislate in this Parliament to abolish Section 21 ‘no fault’ evictions’.”
There’s a divide in opinion between organisations advocating on behalf of tenants and those advocating on behalf of private landlords.
Polly Neate, chief executive of Shelter, described the white paper as “a game-changer” for private renters. Generation Rent welcome the abolition of section 21 but called for greater protections for tenants to ensure landlords do not abuse the strengthened section 8 grounds for possession; and longer notice periods when tenants are evicted through no fault of their own. Local government has emphasised the need for strong enforcement powers and resources to ensure tenancy reform is successful.
The National Residential Landlords Association (NRLA) argues a reformed and improved court system which has bedded-in, together with improvements to the grounds for possession, should be introduced before section 21 is amended or abolished. Landlord organisations contend there is a risk of landlords leaving the sector, which could reduce access to housing for those who cannot afford to buy and who cannot access social rented housing.
But some campaigners, as well as some Conservative MPs, have warned the bill could force more landlords to leave the market and reduce the supply of rental properties. Tory peer Lord Frost described the bill as a “dangerous and counter-productive intrusion into private property”, and Ben Beadle, chief executive of the National Residential Landlords Association, said landlords needed to be confident “they will be able to repossess their properties as quickly as possible”, adding “Without this assurance, the bill will only exacerbate the rental housing supply crisis many tenants now face.”
