With the ever-changing requirements imposed on landlords and the imminent enactment of the Renters’ Rights Bill, this article aims to provide a brief overview of the law in relation to ‘no-fault’ evictions and how the forthcoming change in legislation will affect the process where a landlord seeks to regain possession of a rented property.

What is a ‘No-Fault’ Eviction?

Evictions under Section 21 of The Housing Act 1998, or ‘no-fault’ evictions as they are commonly known, is a process whereby a landlord can require their tenant to vacate their rented property without having to give any reasons. As such, these notices can be served at the landlord’s discretion, however, whether a valid Section 21 notice can be served is contingent on the terms of the tenancy and on the landlord satisfying certain regulatory requirements.

Ensuring your Section 21 notice is valid

Section 21 notices generally cannot be served within the first four months of a fixed term. They can be served after this but the expiry date (i.e. the eviction date) must either be after the fixed term ends or in compliance with the notice period set out in the tenancy’s break clause. Where a tenancy either began as a periodic tenancy or becomes one on expiry of a fixed term, a Section 21 can be served at any time. The notice period must be no less than two months and may need to be more depending on the terms of the tenancy.

Since the Deregulation Act 2015 came into effect, the validity of a Section 21 notice, for tenancies commencing on or after 1 October 2015, ultimately depends on whether you have provided your tenant with the necessary regulatory information prior to serving notice. A landlord must:

• Ensure a valid Gas Safe Certificate has been provided both at the start of the tenancy and at the time of serving the notice.
• Provide an Energy Performance Certificate (EPC). This must be valid at the time it is given to the tenant.
• Provide the most up-to-date version of the Government’s ‘How to Rent Guide.’
• If a security deposit is paid, this must be protected in a recognised deposit protection scheme within 30 days of receipt. Additionally, certain ‘Prescribed Information’ in relation to the scheme must also be provided to the tenant within those 30 days.

As you will see from the above, the regulatory requirements imposed on landlords can be burdensome and the eventual abolition of ‘no-fault’ evictions only serves to increase the difficulty facing landlords who are looking to regain possession of a tenanted property.

When is the law changing and what does this mean?

It is anticipated that the Renters’ Rights Bill will be enacted either in late 2025 or early 2026, meaning that at the time of writing, there is still time to use the Section 21 process in order to gain possession of a tenanted property. However, once this comes into effect, landlords will need to rely on specific grounds under Section 8 of the Housing Act 1988 to regain possession of their property. Whilst new grounds for possession are being implemented by the Renters’ Rights Bill, the abolition of ‘no-fault’ evictions signifies another significant shift in housing law, increasing protection for tenants, and making it more difficult for landlords to regain possession. 

How we can help

Ascertaining whether you have truly complied with the regulatory requirements to ensure you can use the Section 21 route can be complex and is not always clear cut. Therefore, it is important to seek legal advice before even serving a Section 21 notice, because often, some of the factors that make a notice invalidated can be rectified prior to serving the notice itself. This is especially important if you anticipate you may need to initiate court proceedings where your tenant is refusing to vacate on expiry of an eviction notice.

Our Property Litigation team has considerable experience in this area of law and can provide you with an assessment of your tenancy and recommend the best course of action to regain possession of your property. If you require assistance, please call the team on 020 3814 2020 or send an email to litigation@blasermills.co.uk.