Why we need S21
Mary-Anne Bowring 22/08/2019
2718
Why We Need Section 21
Section 21, the ‘no-fault’ eviction process, has been in place since the Housing Act 1988. At Ringley, we believe abolishing it is detrimental to landlords and, ultimately, tenants.
Section 21 is More Efficient Than Section 8
Many landlords prefer Section 21 over Section 8 because it is faster and less costly. Section 8 is an adversarial process, often leading tenants to stop paying rent once served with an eviction notice. This results in long court delays, significant financial losses, and extended void periods.
Existing Safeguards Prevent Misuse
Landlords must meet legal requirements before serving a Section 21 notice, including providing:
- An Energy Performance Certificate
- The How to Rent Guide
- Prescribed deposit protection information
- A valid gas safety certificate before occupation
Failure to comply means landlords cannot use Section 21, reinforcing that it is not a tool for unfair evictions.
Landlords Already Have Limited Protection
Under the Housing Act 1988, landlords can only repossess properties under specific conditions. These include prior occupancy as a principal home or a requirement to reclaim the property for personal use. Section 21 is not an unchecked power—it operates within a structured legal framework.
Is Section 21 Really the Leading Cause of Homelessness?
The government claims Section 21 is a primary cause of homelessness, but data from the National Landlords Association (NLA) disputes this. In Q4 2018, only 11.8% of assessed households faced homelessness due to a Section 21 notice. The proposed changes could inadvertently harm vulnerable tenants by reducing rental housing supply.
Will Abolishing Section 21 Reduce Housing Supply?
With landlords exiting the market due to increased regulation, rental supply is already shrinking. The removal of Section 21 could make landlords more risk-averse, disproportionately affecting tenants on benefits, those with bad credit, or those with pets. To maintain a balanced rental market, we urge stakeholders to respond to the government consultation before 12 October.
Planetrent Properties
info@planetrent.co.uk
0208 0599 550 (for sales)
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Let Agreed: This term indicates that a landlord has provisionally agreed to enter into a rental agreement with a prospective tenant, pending additional checks and referencing. It doesn't require the prospective tenant to have paid a holding deposit.
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