Section 21: No-fault eviction and the Renters’ Rights Bill

Did you know that landlords can evict tenants without giving a reason? This is known as a Section 21 notice or no-fault eviction. Once issued, tenants have just eight weeks to leave their homes. It’s an unsettling reality, but it might soon become a thing of the past.

There are 5 million privately rented homes in England and Wales. This is more than double the number from 2001, and the trend shows no signs of slowing down. These households deserve more protection. At any moment, they could face eviction and homelessness.

About 500 renters receive a no-fault eviction every day—that’s almost one every three minutes. Since 2019, when the Government first promised to end Section 21, 84,650 households have sought homelessness support after receiving an eviction notice. September 2023 and 2024 saw 26,000 households threatened with homelessness due to no-fault evictions—the highest number on record. In the same period, no-fault evictions rose by 52% in London. This increase is more than five times the rise seen in the rest of England and Wales.

Why Section 21 needs to end

Section 21 keeps renters in a state of anxiety. It discourages tenants from raising issues about their living conditions, as landlords can evict them without warning. A quarter of private renters in England fear losing their homes, leading many to stay silent about necessary repairs. If renters can’t afford to move or have nowhere else to go, they’re even more likely to remain quiet.

When a Section 21 notice is served, finding alternative accommodation is no easy task—especially in London, where rents have skyrocketed. Many are forced to leave their neighbourhoods or settle for substandard housing. 11% of London households now live in unsuitable housing.

What is the Renters’ Rights Bill?

The Renters’ Rights Bill was announced in Labour’s first King’s Speech on July 17, 2023. The bill mirrors the earlier Renters’ Reform Bill, initially proposed by the Conservatives in 2019 but never enacted after they lost in the 2024 general election.

The new bill seeks to address the imbalance of power between renters and landlords by:

1. Abolishing Section 21 notices: This is a major cause of homelessness. By ending Section 21, tenants will no longer be forced into homelessness in a matter of weeks. They will also get the stability they deserve and won’t fear eviction when challenging poor landlord practices.
2. Setting minimum standards for private rentals: Like the social rental sector, landlords will be accountable for the condition of the homes they rent. Under the bill, Awaab’s Law will apply to private rentals, requiring landlords to address hazards like damp and mould within 14 days of a report.
3. Limiting rent increases to once a year: Landlords must give two months’ notice before raising rent, and rent review clauses in tenancy agreements will be banned.
4. Ending discrimination against families with children and benefit claimants by banning blanket bans on renting to these groups.
5. Introducing a new digital Property Portal, ensuring landlords understand their legal obligations while empowering tenants to make informed rental decisions.
6. Landlords must consider tenants’ pet requests and cannot refuse them without a reasonable explanation.

The bill also provides some additional protections for landlords. Responsible landlords will have stronger grounds to repossess their property if tenants exhibit misconduct or if the landlord’s circumstances change, like needing to sell the property.

Where is the Bill now?

The Renters’ Rights Bill was announced in the King’s Speech on July 17, 2023, following years of campaigning for rental sector reforms.

During the Labour Party conference on September 24, 2023, the party reaffirmed its commitment to the bill as part of its strategy to tackle the housing crisis. Further details are expected by the end of 2023, and parliamentary debates are anticipated to begin in early 2024.

The Renters’ Rights Bill is expected to abolish Section 21 no-fault evictions in the summer of 2025. The bill will apply to all new and existing tenancies on the same day.

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Everyone deserves a safe and stable home. With the Renters’ Rights Bill, we move closer to securing that reality for millions of renters across England and Wales.