Will England be following Wales with the no fault evictions ban?

Landlord-Friendly Delay on No-Fault Eviction Ban Ensures a Balanced Rental Market

In a welcome move for landlords across England, the government has decided to delay the implementation of the proposed ban on "no-fault" evictions, offering landlords a reprieve while prioritising essential court reforms. This decision marks a significant victory for property owners and addresses concerns that a rushed eviction ban could have adverse consequences. Let's delve into why this delay is a positive development for landlords.

Protecting Landlord Rights

The proposed Renters Reform Bill, which sought to prohibit "Section 21" no-fault evictions, raised concerns among landlords. The ability to evict tenants without providing a reason, though often necessary, had become a contentious issue. The delay in implementing the ban provides landlords with much-needed reassurance that their rights and interests are being considered.

A Reasonable Approach

Housing Secretary Michael Gove's decision to prioritise court reforms before introducing the eviction ban is a sensible and balanced approach. It recognises that landlords often face challenges in the legal system when dealing with problematic tenants. By improving the court system and making it more efficient, landlords will have better tools to address issues such as non-payment of rent, anti-social behaviour, or property misuse.

Maintaining a Steady Rental Market

The delay in implementing the eviction ban means that landlords can continue to operate in a market with clear rules and guidelines. This stability is crucial for those who invest in rental properties, as it allows them to plan and manage their investments effectively. A sudden eviction ban could have disrupted the market and potentially driven landlords out, negatively affecting the housing supply.

Ensuring Confidence Among Landlords

The decision to postpone the ban on no-fault evictions should foster confidence among landlords, many of whom have been facing challenges in recent years. The National Residential Landlords Association (NRLA) welcomed the approach, highlighting the importance of ensuring that reforms secure the confidence of responsible landlords.

Preventing Uncertainty

The delay in implementing the ban is a measure to ensure that landlords are not left with unanswered questions and potential legal complications. It provides a clear roadmap for the government to improve the court system, making it more efficient and fair for both landlords and tenants.

Conclusion

The indefinite delay in implementing the ban on "no-fault" evictions is a positive development for landlords, offering reassurance and much-needed stability. By prioritising court reforms, the government is taking a step in the right direction to protect landlords' rights and interests, ultimately benefiting both property owners and tenants. This decision ensures that the rental market remains a viable and attractive option for property investors, contributing to a more balanced housing sector in England.

If you wish to discuss any of the above, then please call our team on 01446700693 or email housing@newboldsolicitors.com

by Zoe Turner - Newbold Solicitors

Disclaimer: all blogs although correct at the time, are not meant to be relied upon in place of instructing a solicitor who can discuss your individual needs. The law changes so frequently that it may not be relevant and this is the reason why we strongly suggest you take legal advice.

Under the Renters (Reform) Bill, that was introduced to parliament last month, landlords will only be able to evict tenants in England under certain circumstances. This includes if they want to sell the property, or a close family member would move into the property. If they do evict their tenants for the reason above, landlords will not be able to re-let their property for three months. Breaching the new rules also carries a fine of up to £30,000.

The Local Government Association (LGA) has welcomed the changes but has said that the councils would struggle to police this property as it would be the councils that would be responsible for enforcement. Therefore, the councils would need more staff and funding to enforce the ban on no-fault evictions in England effectively.

Environmental Officers believe that there is insufficient staff to investigate breaches of the new law.

Further concerns have been raised regarding the lack of staff and funding. Local Authorities argue that they are already stretched and do not have the recourses to enforce their current housing duties.

The government has said that they would fully fund any additional costs for councils. A Department for Housing, Levelling Up and Communities spokesman said: "We will continue to support councils financially so they have the right resources to put tenants first, that includes fully funding any additional costs that may fall on councils as a result of our proposed reforms."

By Elisse Ricketts

Disclaimer: the above is not to take the place of legal advice.  The above will be correct at the time of posting, but the law changes constantly and therefore the above should not be relied upon.

RENTERS (REFORM) BILL 2023

Under the Renters (Reform) Bill, that was introduced to parliament last month, landlords will only be able to evict tenants in England under certain circumstances. This includes if they want to sell the property or a close family member to move in. If they do evict their tenants, landlords will not be able to re-let their property for three months. Breaching the new rules also carries a fine of up to £30,000.

The Local Government Association (LGA) has welcomed the changes but has said that the councils would struggle to police this property as it would be the councils that would be responsible for enforcement. Therefore, the councils would need more staff and funding to enforce the ban on no-fault evictions in England affectively, local authorities have warned. Darren Rodwell, the LGA’s housing spokesman has said that every council he is aware of has a shortage of environmental health officers and tenancy relation officers, who investigate potential offences related to private rented housing.

Further concerns have been raised regarding the lack of staff and funding. One of which includes Jo Smith, who is a private sector housing manager at Welwyn Hatfield Borough Council, she has said that councils are already stretched and did not have the recourses to enforce their current housing duties, even before they took on new enforcement responsibilities in the bill. Ms Smith is the only environmental health officer at her council responsible for housing, supported by a team of seven other staff.

The government has said that they would fully fund any additional costs for councils. A Department for Housing, Levelling Up and Communities spokesman said: "We will continue to support councils financially so they have the right resources to put tenants first, that includes fully funding any additional costs that may fall on councils as a result of our proposed reforms."

Disclaimer: the above is not meant to provide legal advice.

DONT BE CAUGHT OUT, LISTEN INTO OUR VLOG AND LEARN ABOUT THE NEW VERY IMPORTANT CHANGES FOR LANDLORDS AND TENANTS IN WALES More changes are around the corner for Landlords in Wales. From July 2022, Landlords will not be able to recover possession of their properties for a minimum of 12 months. This is great news for tenants, because they have long been arguing for more security, but it may make Landlords think twice about whether they want to stay in the property rental market. For any new tenancies there will be changes to the tenancy agreements in Wales. NewBold Solicitors will be Vlogging about this in the next week.  If you would like to know more about the VLOG and how the changes will effect you, then please contact our housing team for further information on how you can watch the video and learn all about the new changes.

The BBC reports that evictions have now returned to pre-pandemic levels.

Figures are showing that 9,410 possession hearings were listed by private landlords in the final quarter of 2021 compared with 9,676 in the same period in 2019.

The Government has created a £65 million Rent Arears fund to support tenants struggling financially, but we are told there are some delays with the payment out to tenants.

The Government is also ending no fault evictions in England in the coming year.

No fault evictions, although they do not provide security to tenants, they do provide security for Landlords.  It is possible that Landlords will be put off from renting properties once this change comes into force.

NewBold Solicitors will shortly be preparing a vlog on the changes to the law, and if you would like to be notified of it, so you can watch without charge, then please complete the contact form below and we will be in touch.