England is witnessing a major housing crisis, that is set to make the lives of over 35,000 households troublesome and problematic, to say the least. After years of government delays, more than 35,000 households will have been forced from their homes by bailiffs using “no-fault” evictions before the practice is outlawed in England.
The governmental decision to ban no-fault notices is claimed to be carried out with a positive motive to preserve tenant protection, however, it also drains the light out of the certainty about the immediate future of people who rent houses and their landlords as well.
Government guarantees to MPs that the prohibition on Section 21 evictions, generally known as “no-fault” evictions, would not go into force until the court system was improved, were “eminently sensible”, according to Nicola Charlton, a housing law specialist at Pinsent Masons.
A landlord seeking possession of a rental property would have to rely on a section 8 notice and every case would require a court hearing, unless the tenant vacates voluntarily after being served with a notice, per the UK Renters (Reform) Bill, which prohibits no-fault evictions, that allows landlords to terminate tenancies without giving any reason.
Despite this, the reform has been put off time after time, and might not become law until the general election is near, which could be long-delayed till January 2025.
What does the immediate impact on tenants look like?
The ban on no-fault evictions brings waves of ambiguity, doubt, and uncertainty to the thousands of households battling eviction. It’s a double-edged sword, one side offering a fresh new sense of security and stability, as the law implies that landlords can no longer discontinue leases without a reason.
On the other hand, the dark cloud of eviction notices brings forth immediate stress and anxiety for tenants who have no choice but to tackle the prospect of searching for new accommodation. People who aren’t able to afford pricey housing are forced into a wild goose chase for cheaper housing that isn’t hazardous to their health and is decent enough to live comfortably. In most cases, they could be exposed to low-quality housing issues like damp floors, mould, leaky ceilings, and other factors that could pose a threat to the well-being of an occupant.
Even worse, many are unable to locate reasonably priced housing, which adds to the growing number of homeless people. The biggest number of families living in temporary housing in 20 years is over 100,000 in England, including over 125,000 children.
The concept of home ownership seems like a cruel joke to many who are unable to save enough for a deposit. For low-income households, the security of a social tenancy is an elusive goal due to the inability to replace the more than 2 million houses lost through the right to buy.
Landlords caught in the crossfire
Landlords can no longer evict tenants without providing a reason, as per the government’s intention to eliminate no-fault evictions. Alternatively, they will be required to depend on one of the 17 eviction grounds outlined in the Housing Act 1988. These grounds for eviction include unpaid rent, antisocial behaviour, and property damage.
This implies that it may result in more prolonged and complicated eviction procedures, which could be difficult for landlords who are unfamiliar with the applicable laws.
For instance, landlords may find it more challenging to regain possession of their properties for legitimate reasons such as refurbishment or selling. This restriction could potentially deter property owners from investing in the rental market, exacerbating the existing housing shortage.
Moreover, the ban may indirectly lead to a more challenging and complicated tenant screening process, as landlords are now obliged to investigate the immigration status of each prospective tenant, in addition to conducting background checks. Also, lessors who harbour unauthorised tenants may face monetary penalties or maybe jail time.
Discrimination has since snuck in through the cracks created by giving landlords this kind of authority and placing such pressure and accountability on them to perform.
The cry for affordable housing
The linchpin of addressing the hardships that are arising from the removal of no-fault eviction notices is the desperate need for a significant affordable housing strategy. The UK government must put in their effort to prioritise the supply of increased affordable rental properties and ensure that those affected by eviction notices have suitable alternatives.
More housing that offers low-income individuals stability, respectable living conditions, and reasonable prices is desperately needed to eliminate homelessness. Welfare and housing policies need to complement one another well to stop this.
More dwellings at social rent levels need to be constructed and made available. Furthermore, more has to be done to guarantee that private rentals offer the stability required for individuals to avoid and overcome homelessness.
The introduction of a no-fault eviction notice ban in England represents a constructive step towards strengthening tenant rights and stability. Regardless, it doesn’t go without saying that the number of households meeting the fate of being evicted highlights the immediate challenges that both tenants and landlords will face.
As the government ushers in this policy shift, it must not forget the personal tales laced in these statistics. Adapting a fair balance amidst tenant protection and landlord interests calls for a refined and compassionate approach, that aims to raise a housing market that is just, accessible, and attainable for everyone involved.
(Tashia Bernardus)