Solicitors Report Surge in Last-Minute No-Fault Evictions Ahead of Ban
Solicitors have reported a significant increase in requests to serve last-minute section 21 no-fault eviction notices before these are prohibited under the Renters’ Rights Act, which comes into force in England on Friday.
This legislation, described as the most substantial change to renting in a generation, will ban no-fault evictions, restrict rent increases, and eliminate fixed-term tenancies.
On the eve of the new regulations, solicitors have been working extended hours to manage the sudden influx of eviction notice requests. Meanwhile, Citizens Advice has reported that thousands of tenants facing no-fault evictions have sought assistance within the past month.
In March alone, Citizens Advice supported 2,335 individuals dealing with no-fault evictions, marking a 16% increase compared to the same period last year. Additionally, over 1,800 people sought help with property disrepair issues such as damp and mould, and more than 1,000 contacted the service regarding rent increases.
Law Firm Experiences High Demand from Landlords
Thackray Williams, a law firm operating in London and Kent, has noted a wave of last-minute instructions from landlords aiming to evict tenants and sell properties before the new legislation takes effect.
“It’s been an absolutely manically busy day,” said Mustafa Sidki, a partner at the firm, on Wednesday. “We’ve had lots of landlords trying to serve last-minute section 21 notices, but also lots of tenants who have been served, seeking advice because people are desperate. This is people’s homes, people’s lives.”
Sidki reported that the number of section 21 instructions received this year has increased fourfold compared to last year. The urgency of these requests has created logistical challenges, as there is insufficient time to send notices by post. Consequently, landlords are paying for hand delivery to ensure notices are served before the deadline.
“I’m having to say to them if I post it, it’s not going to be served on time, so you can either hand-serve it yourself or pay a process server to do it, with a photograph of themselves affixing it to the door or serving it through a letterbox. So if a judge raises a question down the line, you have the evidence you did it by 1 May,” Sidki explained.
He added that many buy-to-let landlords are concerned about covering mortgage payments without rental income if tenant relationships deteriorate.
“People are scared. That’s why they’re doing the section 21 notices now, because it’s perceived to be quicker and easier than what’s coming.”
Sidki also noted that many tenants are choosing to remain in their homes until served with a warrant of possession, which is issued when tenants do not vacate by the eviction order date, due to a shortage of alternative housing options.
“A lot of people are saying there’s no housing for them anywhere else and they can’t get social housing,” he said. “The intention [of the new law] is good. But there’s still a lack of housing.”
Key Provisions of the Renters’ Rights Act
Besides banning no-fault evictions, the new law limits rent increases to once annually and restricts upfront rent demands to one month’s payment. It prohibits bidding wars for rental properties and abolishes fixed-term rental agreements. Additionally, local councils have been granted new powers to investigate and take action against rogue landlords.
The legislation also prohibits discrimination against prospective tenants receiving benefits or those with children. Renters may request permission to keep pets, which landlords cannot unreasonably refuse.
Political and Advocacy Responses
Labour leader Keir Starmer commented on the new law:
“For too long, families have lived with the constant fear of eviction while young people have been outbid for the homes they need to start their lives. Today we are putting that right. This historic action will make renting fairer, safer and more secure for millions.”
Ben Twomey, chief executive of the campaign group Generation Rent, described Friday as marking “a new era for private renters across England.”
“This new law is a vital step towards rebalancing power between renters and landlords. For decades, section 21 evictions forced renters to live in fear of being turfed out of our homes, preventing us from raising valid concerns with our landlords. At last, this outdated and unfair law has been sent packing.”
