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Overdue No-Fault Eviction Ban to Be Presented to MPs

no-fault eviction

The long-awaited ban on no-fault evictions in England and Wales is set to progress through the legislative process, though concerns linger about potential watered down provisions.

No-fault eviction legislation

This new legislation would eliminate landlords’ ability to evict tenants for no reason, granting tenants a two-month notice period. However, advocates argue that the government has procrastinated in implementing this ban, which was initially pledged in 2019. They claim that tens of thousands of tenants have been kicked out of their homes since the promise was made.

The Labour party fears that the Renters Reform Bill, which seeks to outlaw no-fault evictions, may face substantial delays even if the law passes, as the government intends to modify the court system first. 

Conservatives say “majority of colleagues” support bill

Housing Minister Rachel Maclean has affirmed the Conservative party’s commitment to fulfilling their 2019 manifesto promise to end no-fault evictions while strengthening landlords’ rights, especially regarding issues like anti-social behaviour.

She said “only the Conservatives are taking the long-term decisions needed to deliver a more secure rental market for tenants and landlords”.

A former Conservative cabinet minister also said to the BBC he would fully support the bill – “as will a vast majority of colleagues”.

41% increase in no-fault evictions

Ministry of Justice data reveals a 41% increase in no-fault evictions in England between April and June this year compared to the same period in 2022. 

30,840 households may face homelessness

Labour’s analysis indicates that another 30,840 households may face homelessness due to no-fault evictions if the government fails to pass the bill by the latest possible date for a general election, which is 28th January 2025. 

Bill may not have time to pass through Parliament

Concerns are mounting that the bill may not navigate through Parliament before the next election, expected next year.

Labour’s deputy leader Angela Rayners has accused the government of making a “grubby deal with the Tory backbenches,” adding the ministers would play the role of “judge and jury in deciding when the courts have been sufficiently improved”.

“Having broken the justice system, they are now using their own failure to indefinitely delay keeping their promises to renters,” she added.

Strengthening landlords’ rights

While the Renters Reform Bill aims to enhance tenant protections, it also seeks to simplify the process for landlords to regain possession of their properties from anti-social tenants. 

The government says it wants to reform and streamline the court process, allowing landlords to quickly reclaim their properties if tenants refuse to vacate.

“Court improvements could take years”

In response to a report by the Levelling-Up Committee this week, the government announced that it would “not commence the abolition of Section 21 until stronger possession grounds and a new court process is in place”.

However, shadow housing minister Matthew Pennycook expressed concerns that “court improvements could take years” and could amount to “an effective deferral of the abolition of Section 21”.

But in its report, the Labour committee recommended that the government should “agree how quickly the courts need to be processing possession claims before landlords can have confidence in the system, and then commit to meeting this target before abolishing section 21”.

Tory MPs considering rebellion

A report in The Telegraph indicated that Conservative MPs who own rental properties were considering a rebellion against the government regarding this bill. 

A study conducted by campaign group 38 Degrees revealed that 87 MPs derived income from residential properties, with 68 of them being Conservatives, constituting approximately one-fifth of all Tory MPs.

Tom Darling, campaign manager of the Renters’ Reform Coalition, accused the Tories of “holding up this legislation”, which he characterised as the “bare minimum” renters needed to see. He called for the legislation to be strengthened with longer notice periods, increased tenant security, and heightened landlord responsibilities for providing quality housing.

The Telegraph report suggested that the bill had sparked discontent among numerous Tory MPs who believed it could diminish the supply of privately rented accommodations.

Uncertain future 

The National Residential Landlords Association (NRLA) cautioned that the uncertain future of the bill had made it “difficult for landlords and renters to plan for the future”.

“As they consider the bill, MPs and peers will need to make sure it secures the confidence of responsible landlords every bit as much as tenants,” NRLA chief executive Ben Beadle said.

“Should the bill fail to secure the confidence of landlords, the shortage of homes will only worsen, ultimately hurting renters.”

Final thought

As the government grapples with the delicate balance between tenants’ rights and landlords’ interests, it’s crucial to recognise that housing is a fundamental human right. The ban on no-fault evictions is a significant step towards ensuring stability and security for tenants. The government’s choices will determine our commitment to fairness and equity, revealing if these principles can withstand political pressures.

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