What Is The Current Process For Obtaining Possession?

Landlords cannot evict residential tenants unless they have obtained a court order for possession. Prior to applying to court, a landlord must serve a notice on a tenant advising the tenant that the landlord wishes to bring the tenancy to an end. Landlords in England can currently serve notice on a tenant in one of two ways:

• Section 21 Notice when the fixed term has expired or will expire shortly, requiring 2 months’ notice, followed by a court order if the tenant does not leave; or 
• Section 8 Notice when a tenant has breached the tenancy, citing specific legal grounds, and the appropriate notice under those legal grounds contained within the legislation. 

A number of landlords have historically used the no fault eviction process to regain possession of their rental property, however the Renters Rights Bill proposes to abolish Section 21 notices.

What Will Change Under The Bill?

Section 21 evictions will be abolished and landlords will only be able to use a Section 8 Notice. The Bill proposes more strengthened grounds for possession.  

Court System Preparedness

The new possession process under the proposed Bill will not be implemented until the government is confident the court system can handle the changes. The exact timeline is still uncertain as there is no clear definition on court system “readiness” for the proposed changes.  Until the Bill becomes law, Section 21 Notices can still be used. 

Evicting A Tenant

Please view the extensive range of guidance, professionally drafted templates, forms, documents and letters to assist with Evicting an Assured Shorthold Tenant within Property.