As a residential landlord, you may be familiar with the procedure under section 21 of the Housing act 1988 to evict tenants. Section 21 is usually the preferred method of gaining possession due to its relatively quick and straightforward nature. This process enables landlords to evict a tenant with at least 8 weeks' notice after a fixed-term contract has ended. Unlike the section 8 procedure, the section 21 process does not require landlords to give a reason for the eviction and the process generally does not require a court hearing.
However, the government has recently decided that the procedure for evicting tenants under section 21 of the Housing Act is to be abolished. This means that landlords will have to use the more complex section 8 procedure and show that the tenant is at some fault (such as failure to pay rent) or show that the landlord has a legitimate and genuine desire to either sell the property or move into it him/herself.
There is no definitive timescale for the changes to be introduced, with the government indicating it wishes to introduce the changes to the legislation as quickly as possible. The National Landlords Association has responded by urging the government to look at the entire housing sector.
This news will of course be welcomed by tenants, however as a landlord this is likely to be a frustrating and confusing update to the legislation in this area. Engaging solicitors at the start of the process will ensure you are compliant with all of the necessary steps of the section 8 process so that you can gain possession as quickly as possible.
Clapham & Collinge Solicitors provide expert advice on all Landlord and Tenant work including lease negotiations, assignments and surrenders.
For more information or to discuss your individual circumstances in further detail, contact us today on 01603 693500 or email us using the 'Make an enquiry' form. Appointments available at our Norwich, North Walsham and Sheringham offices.
*This article is provided for general information purposes only and does not constitute legal advice or other professional advice.