Even after the Renters Reform Bill comes into effect, landlords operating periodic tenancies might still be able to issue Section 21 evictions, as per insights from Goodlord and Dutton Gregory Solicitors.
The Bill specifies that during periodic tenancies, landlords can use Section 21 until a review of the court system is done, a report is made to the parliament, and an ‘extended implementation date’ is determined. After this date, the new rules will be applied to all tenancies.
Ryan Heaven, an associate solicitor at Dutton Gregory, commented: “Despite Michael Gove’s previous comments about Section 21 being ‘outlawed’ before the election, the actual Bill indicates otherwise; some landlords will retain the ability to serve Section 21 notices, regardless of the election outcome.”
The ban on Section 21 will affect new tenancies and any fixed-term tenancy that shifts to periodic after the Bill’s enforcement.
Oli Sherlock, Goodlord’s director of insurance, pointed out: “The present form of the Bill does not seem to reflect the initial intention to postpone abolishing Section 21 pending court reforms.
“It seems the industry might get a patchy system allowing Section 21 for certain tenancies, disallowing it for others, with some tenancies left in limbo depending on renewal approaches.
“This all coincides with a court investigation which lacks a clear schedule and success criteria.
“Interestingly, this situation unfolds while those same courts will handle an increasing number of disputes resulting from tenancies where Section 21 is already forbidden, potentially creating a problematic scenario for all involved parties.”
