This Bill is a big deal to property owners and lawyers. It has been heralded for the promised abolition of Section 21, but that’s just part of this Bill which at the time of writing has had its Second Reading in the House of Commons and is staring down the committee stage. This is where the Bill will, hopefully, be hammered into shape and given careful consideration and deliberate scrutiny.
Section 21 Notices:
Many Assured Shorthold Tenancies are brought to an end by serving a notice citing one of the “grounds” or reasons for terminating the tenancy, the grounds are set out in the Housing Act of 1988. Therefore landlords looking to serve a notice and end a tenancy must choose a ground on which to end the tenancy, or to serve a section 21 notice where the tenant is not at fault or none of the grounds are relevant.
Section 21 of the Housing Act of 1988 provides for these “no fault” evictions, no reason to evict need be given, only the minimum of 2 months’ notice. This Bill, as drafted, abolishes no fault evictions and completely overhauls the other grounds for eviction under the 1998 Act.
AST-AT:
Not a new Star Wars sensation, but the conversion of Assured Shorthold Tenancies to the new model, the Assured Tenancy.
In time, landlords and tenants alike may have a whole host of new measures to digest but one such requirement is that these tenancies are either of no fixed-term, or are periodic and monthly. Another, is that rent periods must be monthly or every 28 days, not to mention changes to increases in rent, and set notice periods for each of the different grounds for recovering possession that will remain after this Bill. The grounds to eviction are themselves being reformed.
A Whole Lot More:
Redress, new enforcement powers for standards and a new ombudsman have also been highlighted. This Bill requires landlords to register with the new ombudsman, who can handle complaints and with binding resolutions.
At 226 pages, the Bill is chunky and it’s impact will be felt nationally. At SE Solicitors we keep up with changing legal landscape and understand our clients’ concerns, examining the facts of every matter carefully and explaining the law as it applies, case by case.
While we cannot predict how the Bill will have changed by the time it becomes law, if it becomes law, we are watching and ready to help.
