Eviction Crisis: Become expert at Section 8 powers – legal advice to landlords

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Landlords who are smarting at the end of their Section 21 powers should make sure they are experts at the expanded role of Section 8 evictions. 

That’s the advice of Gary Ekpenyoung, landlord and tenant partner at law firm Shakespeare Martineau.  

The Renters Reform Bill, published yesterday, confirms that so-called ‘no fault’ evictions will end when the Bill becomes law, later this year or in 2024.

But Ekpenyoung says: “The reforms represent a turning point for tenants’ rights. However, it’s vital that the legislation does not discourage landlords from renting out their properties, which could further fuel the UK housing crisis.

“Axing Section 21 sees ‘no-fault’ evictions becoming a thing of the past, meaning that private tenants can no longer be evicted with two months’ notice, without reason from the landlord.

“However, to avoid the legal balance tipping too far in favour of tenants, the Government has broadened the scope of section 8, or the reasons for ‘at-fault’ evictions. In order to protect their rights, landlords should develop a clear understanding of these changes.

“These changes address a long-standing tension in the relationship between tenants and landlords, and it’s vital that landlords get expert advice around how these reforms affect their rights and obligations. 

“However, avoiding disputes and fostering good tenant relationships are always the best course of action in order to avoid potentially costly and time-consuming disputes.”

Currently a Section 21 warns the tenant that they will need to vacate the property after a stipulated period, and the landlord is not required to give a reason. 

A Section 8 Notice must give a reason or reasons described in law as ‘grounds for possession’. There are 17 official grounds for possession. 

Landlords often use a Section 8 Notice when the tenant breaks the terms of the tenancy agreement.

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