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Daily Mirror
Daily Mirror
Business
Benjamin Lynch

No-fault evictions: Can my landlord kick me out for no reason?

The government could be set to ban a key area of exploitation by dodgy landlords for tenants.

The legislation, set to be published by the Department for Levelling Up, Housing and Communities, is aimed at providing "the biggest shake-up of the private rented sector in 30 years".

Labour's Shadow Housing Secretary Lisa Nandy said: "More security for renters is welcome, but action is needed now, not after yet another consultation. While the government has dithered and delayed, rents and evictions have shot up.

"Labour is calling for emergency legislation to immediately end no-fault evictions and give people more security in their homes."

The Fairer Private Rented Sector White Paper is designed to make a difference to an estimated 11 million renters as part of the Renters Reform Bill.

So what could change?

Can my landlord kick me out for no reason?

A Section 21 notice can be shock news for tenants (Getty Images/Wavebreak Media)

Under the current laws, landlords can kick out tenants for no reason once a fixed-term contract has ended. This only gives people two months' notice to leave the property and find a new place.

These are known as 'no-fault' evictions, while a landlord can also remove you for breaching terms in a tenancy agreement like failure to pay rent and damaging property. This also depends on whether people have a break clause in their tenancy agreement.

A two-month notice issued is also known as a Section 21 and it is advised people seek help from Citizens Advice if they receive one.

It explained: "You can only get a Section 21 notice if you have an assured shorthold tenancy.

"If your landlord gives you a Section 21 notice and you don't have an assured shorthold tenancy, your notice won't be valid. You'll be able to challenge your eviction and stay in your home."

A Section 21 notice won't be valid under the following circumstances, according to Citizens Advice:

  • If your deposit hasn't been protected
  • If you didn't get information about your deposit
  • If your Section 21 notice has a mistake on it
  • If you live in a house that needs a licence
  • If your landlord didn't use form 6A
  • If your landlord doesn't go to court in time
  • If you have a fixed-term tenancy
  • If you have a contractual periodic tenancy
  • If your landlord didn't give you the right documents
  • If you're being evicted because you've complained
  • If your landlord charged fees during your contract
  • If your landlord asked you for a deposit of more than five weeks' rent

In the UK in which rent prices are a problem, along with a lack of spare cash due to a cost of living crisis, no-fault evictions can come as devastating news for tenants.

Will the government end no-fault evictions?

Michael Gove's department has proposed the legislation (Tayfun Salci/ZUMA Press Wire/REX/Shutterstock)

The government's new white paper draft, the Fairer Private Rented Sector White Paper, contains a section stating that no-fault evictions will end without a good reason.

Money Saving Expert explained: "Currently, landlords can evict tenants whose fixed-term contract has ended for no reason. If asked to move out, a tenant then has two months to leave the property. This new bill will stop landlords from doing this without a concrete reason."

Top Tory brass promised to end no-fault evictions three years ago, but have not yet shown signs of doing so until this white paper draft.

Over 20% of private renters in the years 2019 and 2020 did not end their tenancy by choice and 8% were asked to leave by their landlord.

Other key parts of the bill include the creation of a new private renters' ombudsman, aimed at helping disputes be settled out of court at a low cost and with landlords held accountable for complaints made. There will also be stronger powers to obtain rent refunds and challenge rent increases.

Further plans hope to introduce double notice periods for rent increases, an end to rent-review clauses and stronger powers for councils to tackle dodgy landlords.

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