Housing charity Citizens Advice says it helped 2,000 tenants with Section 21 issues in May – the most in a single month and a 25% increase since May 2022.
Section 21 of the Housing Act gives landlords permission to break a rental contract even if the tenant has done nothing wrong.
Here, Which? delves into the numbers, offers advice on the current eviction rules across the UK and details how proposed legislation will change tenants' rights in England.
Why are no-fault evictions on the rise?
It has been a long-running issue. However, Citizens Advice says no-fault eviction has kicked up a gear and suggests landlords may be pushing them through before the law changes.
Under the Renters' Reform Bill – outlined in Parliament last month – the government plans to abolish Section 21 in England. But for the time being, the practice remains legal.
The turbulent property market may also be playing a role. Citizens Advice research found 48% of renters who have already experienced an eviction had been told their landlord wanted to sell up. Landlords are reportedly leaving the sector as sky-high mortgage rates make keeping buy-to-let properties unviable.
Find out more:What are the current eviction rules and rights?
Landlords in England and Wales can use Section 8 or Section 21 notices to evict their tenants.
Section 21Section 8In Scotland, your landlord must give 28 days' notice if you've lived in the property for less than six months and have moved out or breached the tenancy agreement. If you've lived in the property for more than six months or haven't breached your agreement, your landlord must give you 84 days' notice.
In Northern Ireland, your landlord must give four weeks' notice if you've lived in the property for less than a year, eight weeks' notice for between one and 10 years, and 12 weeks' notice for more than 10 years.
Find out more:Can you challenge a no-fault eviction?
A Section 21 notice can be invalid if the landlord has made mistakes.
If you've been told to leave in less than two months, the eviction is also invalid. Check for any errors on the form, such as mistakes with names, addresses or contact details.
What could change for renters in England?
The government hopes to make the Renters' Reform Bill law by the end of this year. A raft of law changes impacting 4.5 million households aims to modernise the rental system and give tenants 'safer, fairer and higher quality homes'.
Under the proposed legislation, the following changes will be made to Section 21 and Section 8.
Section 21
This will be outlawed, putting an end to no-fault evictions in England. This is the backbone of the bill, and was promised in the Conservatives manifesto of 2019.
Section 8
Rights for landlords are set to be bolstered in Section 8. They will be able to evict tenants who have been in at least two months’ rent arrears three times within the previous three years.
It is also set to be made easier to evict tenants for anti-social behaviour.
New repossession grounds are also set to be introduced for landlords who wish to sell their property, or want to move themselves or family members into it. To do this, they would need to give six months' notice to the existing tenant.
Find out more:'No-fault evictions could continue via the backdoor'
Citizens Advice fears the proposed changes to Section 8 will create loopholes and warns of a 'backdoor eviction' route.
As mentioned above, landlords would have the power to evict tenants with six months' notice if they intend to sell or move family into the property.
But the new rules won’t require landlords to give evidence they have followed through on this once a tenant has left. Citizens Advice says this will leave tenants 'open to abuse from unscrupulous landlords'.
A government spokesperson said: 'Any attempt to get around the law will not be tolerated and our reforms will prevent Section 21 from being replicated through rent hikes.
'Where landlords seek possession through a court, they must prove their intention to sell or move themselves or family members into the property.
'To prevent landlords from exploiting these grounds, they will not be able to re-market or re-let their property for three months after using them.'
Find out more:source https://www.which.co.uk/news/article/renters-facing-no-fault-evictions-hits-record-high-what-are-your-rights-a6FDR3H50cr5