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Regaining possession of your property: No-Fault Eviction and how the law if changing

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.

Laxmi Mall

Laxmi is a Lawyer in the Dispute Resolution team.

Her caseload consists of the following areas:

  • Contentious Probate
  • TOLATA claims
  • Landlord-tenant disputes
  • Other property disputes, including possession proceedings and boundary disputes
  • Commercial disputes – including breach of contract disputes and debt recovery
  • Sports disputes and litigation

She blends a commercially minded approach, with a strong focus on achieving practical outcomes that are closely aligned with her clients’ objectives.

Property disputes

Dealing with property disputes can be incredibly stressful and time-consuming. We understand you want to resolve these issues swiftly and fairly.

Our property litigation team is here to support you, supporting your best interests and striving for the best solution to your concerns.

For advice from our expert property litigation team, call Jonathan Lilley on 020 3814 2020 or email enquiries@blasermills.co.uk. Alternatively, fill in our contact form.

About us

At Blaser Mills, our dedicated property litigation team is committed to helping businesses as well as individuals and navigate through property disputes, however complex they may seem. We understand that property issues can affect your business or your home significantly.

As leading property litigation lawyers, we take a strategic approach to protect your legal rights and achieve the best possible outcome. Whether you’re a business owner, property owner, landowner, landlord, developer, or a tenant, our team is here to provide practical advice for your circumstances.

We handle disputes including:

  • Contested Landlord & Tenant business lease renewals;
  • Break Notices
  • Dilapidations
  • Lease enfranchisement (freehold acquisition);
  • Lease extensions;
  • Breaches and enforcement of covenants
  • Discharge/modification of covenants
  • Easements
  • Land registry title and boundary issues
  • Private Nuisance disputes

How we will support you

We take a personal approach at Blaser Mills, starting by understanding the circumstances that led to your property dispute and listening carefully to your desired outcome.

Property law can seem daunting, but we’re committed to clarity. We explain everything in straightforward terms so you’re always informed about developments and decisions. We’ll clearly explain your legal rights and discuss the best ways to resolve the dispute.

If circumstances change, we’ll reassess and explain how this affects your case, ensuring you’re confident in your next steps.

Facing landlord and tenant disputes can be intensely stressful. For instance, if rent payments are in arrears, or your property has been entered illegally, or you have troublesome tenants, then we can advise as to the complex procedure required to intervene and, if necessary seek recovery of your property.

In cases where discussion is likely to assist in a resolution, we may explore alternative dispute resolution (ADR) to find common ground. If court action is necessary, we will help prepare you thoroughly and step in to represent you.

The firm is efficient and offers straight forward information in a swift manner.

LEGAL 500

Contact us

For expert advice from a specialist property litigation solicitor, call Jonathan Lilley on 020 3814 2020 or email enquiries@blasermills.co.uk. Alternatively, fill in our contact form.

Juliana Pooler

Juliana is a Senior Associate in the Litigation team and has expertise in Property Litigation.

She acts for both corporate and private clients (in their capacity as landlords or tenants) in relation to possession proceedings, business tenancy renewals, service charge disputes, right to manage and collective enfranchisements claims, lease extensions, consultation requirements under the Landlord and Tenant 1985 and associated applications for dispensation and break notices.

She also advises private clients in relation to breach of contract claims including double commission disputes and claims against managing agents and professional advisors.

Juliana completed her Training Contract and Qualified at a city law firm and has experience in advising institutional investors, asset managers, banks, property funds and developers in relation to rights of light, dilapidations, tenant default and insolvency matters.

Jonathan Lilley

Jonathan is the firm’s Executive Chairman, responsible for initiating, managing and promoting the Firm’s key objectives for growth, strategy and continuing prosperity. He is the Firm’s Compliance Officer for Legal Practice (COLP) and sits on the Management board.

Jonathan is also a Commercial Litigator, specialising mainly in areas of property, employment and dispute resolution. He retains and acts for a wide variety of clients in many fields of business, including international freight forwarders, IT companies and property investment companies, primarily in the Small to Medium Enterprise (SME) sector. As an employment lawyer, he is particularly sought after for representation of those involved in managing high value and/or difficult severance packages for employer and employee alike. With 30 years of practising experience Jonathan is recommended in The Legal 500 UK guide.