The blame game: breaking down no-fault evictions

BBC Panorama recently investigated section 21 ‘no-fault evictions’ and suggested that they are used to evict residential tenants for no reason, and even if they have done nothing wrong.

This is a rather superficial summary of the section 21 process and overlooks the fact that most landlords will not evict a good tenant. A well behaved tenant who pays his rent on time will always be attractive to a landlord.

Instead, while section 21 notices can be used in “no fault cases”, for example where a landlord wants to sell the property without it being subject to a tenancy, they are (in our experience) more often used when there is a fault on the part of the tenant (whether that be rent arrears or otherwise). This is because the section 21 process allows for the accelerated court process, and therefore a quicker return of property to the landlord, than other possession procedures.

However, even when the section 21 and accelerated court possession procedure is used, it can still take between 4 to 6 months to get possession, given that the section 21 notice itself imposes a 2 month notice period, following which a court order must still be obtained before the tenant can be evicted. While that order can usually be obtained without the need for a court hearing, court proceedings must still be issued, and it can take a further 2-4 months to obtain the court order. If the tenant does not leave voluntarily, there is then a further delay while bailiffs are instructed. This means that tenants usually have between 3 and 6 months notice before they have to leave the property.

While this time period may still cause tenants difficulties in securing alternative accommodation, particularly if location may affect access to work or schools, the section 21 notice period strikes a balance between the rights of a landlord in relation to their property on the one hand, and the right for tenant to be given reasonable notice before being evicted on the other.