‘No-Fault’ Evictions To Be Abolished

The Conservative’s manifesto proposed to abolish ‘no-fault’ evictions in England. The coronavirus pandemic delayed that promise, but in 2022, the UK Government said it is full steam ahead.

What are ‘no-fault’ evictions?

At the moment the law enables a landlord to take back possession of their property, which is subject to an Assured Shorthold Tenancy Agreement, without having to establish any fault on the part of the tenant. The landlord can give the tenant two months’ notice (subject to satisfying certain requirements) to leave the property at the end of the fixed term.

If the tenant refuses to vacate, the landlord can use the Court’s ‘accelerated’ procedure to get possession.

Creating more certainty for tenants

Tenants can feel insecure that their landlord could evict them with only two months’ notice; potentially leaving a family suddenly homeless in a sparse rental market.

Landlords are also accused of using the no-fault eviction process as a retaliation tactic against tenants who request repairs be undertaken to the property or challenge rent increases.

The Government want to prevent this type of conduct.

If you are a tenant with concerns about the security of your tenancy or condition of the property, it is important to seek legal advice now on your options.

Landlords need to be ready for the changes

Not only are non-fault evictions being abolished but the Government is also planning to strengthen and extend the fault-based evictions too, in order to provide more protection to tenants.

With years of pandemic restrictions and now a cost of living crisis, many landlords are suffering significant periods of rent arrears caused by tenants struggling to pay; it is no surprise then that these proposed changes are causing uncertainty.

If you are a landlord, now is the window of opportunity to seek legal advice on those properties you want to gain back possession before the law changes. Now is also the time to review your current tenancy agreements to perhaps consider adding contractual break-clauses.

Professional, Expert Advice can Save Time and Cost

Whether you are a tenant or a landlord, Humphries Kirk can provide practical, expert advice on how the proposed new legislation affects you.

Humphries Kirk have offices in Bournemouth, Poole, Cranbourne Chase, Swanage, Wareham, Parkstone, Crewkerne, and Dorchester.

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