The process of ending a tenancy
End of tenancy changes: abolishing Section 21 evictions and reforming Section 8 grounds
As it stands, landlords can evict a tenant after six months and once any initial fixed period has expired, by issuing a Section 21 notice giving the tenant two months’ notice. No reason for the eviction has to be given.
The Bill proposes scrapping Section 21 as soon as possible, meaning every eviction will require a Section 8 notice stating one or more specific valid grounds. If the tenant refuses to leave the property, a court hearing will be required to regain possession.
Find out more in our blog, ‘What’s happening to evictions and Section 21?’.
While the expanded grounds will ensure that landlords can regain possession of their properties when it is reasonable to do so, many minimum notice periods have been increased. This is to give tenants more time to find a new home and reduce the risk of them becoming homeless.
Two of the most significant proposed changes:
Although landlords will be able to issue a Section 8 if they want to sell or move into the property themselves, the tenant cannot be evicted under this ground within the first 12 months of their tenancy, and the notice period is doubling, from two months to four.
If a landlord evicts a tenant on the ground that they wish to sell (ground 1A), the property cannot be marketed or let in any form for 16 months from the moment notice is served (the four-month mandatory minimum notice period, plus a further 12 months).
The mandatory ground for serious rent arrears will require the tenant to be three months in arrears (currently this is two months) and the notice period will be increased from two weeks to four weeks.
Landlords will still be able to bring proceedings to evict a tenant at any point if they have breached their tenancy – for instance, if they have committed antisocial behaviour or are damaging the property.
See the bottom of this section of the government guidance for more detail on the proposed new grounds and notice periods.
Our ‘Ultimate end of tenancy checklist for landlords’ covers the steps you need to take to make sure you are complying with the law when bringing a tenancy to an end, and maximising your chances of having the smoothest possible transition from one tenancy to the next.
You can access more detailed information on the Renters’ Right Bill and stay up to date with the latest changes via our Renters’ Rights Bill hub and linked articles on all the provisions in the Bill. You can also read our article, ‘Renters Rights Bill: Should landlords be concerned?’ which identifies some of the key issues for landlords and how you can navigate the changes.
We have also created a series of guides on the tenancy lifecycle, the ‘Ultimate guide to the landlord lifecycle: How to be a landlord’, which takes you through the different stages being a landlord and signposts you to all our ultimate guides. You will find comprehensive information on topics from creating an investment strategy and preparing your property to let, to tenant referencing, inventory management tenancy deposit protection and managing the property during the tenancy.
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