Renters (Reform) Bill: How do I get possession?

A frequent question being asked by landlords is “how do I get possession if no fault evictions are being abolished?” and indeed, many landlords are reported to be quitting the rental sector or serving a section 21 notice now while they have the chance.

The Renters (Reform) Bill is not yet law and is currently in its second reading in the House of Commons.

If the Bill comes into force, it will mean landlords must have a reason to evict a tenant and will need to serve a section 8 notice as a preliminary step to possession.

The Government proposes to expand the grounds that a landlord can rely on in order to get possession, including if a landlord wants to sell or move back into their property. The notice in this case will not be able to be served in the first six months of the tenancy. Whilst it is intended that criminal sanctions will apply if the new ground is misused (landlords will not be able to market for letting or re-let a property for three months after possession has been given), it is difficult to see how this ground will be policed by the local authority.

Another new ground will give landlords a mandatory right to possession if the tenant has been at least two months or eight weeks in arrears for at least a day on at least three occasions in the three years before the notice is served. However, any payments due via universal credit that are late cannot be counted. It seems likely that this will form part of a defence to claims for possession by some tenants, resulting in delays and increased costs.

Bate and Albon’s team of Landlord and Tenant experts are here to help.