Implementation timetable of ‘no fault’ ban in England reportedly under pressure

The proposed legislation, which returns to the House of Lords this week, is aimed at providing greater protections and security to renters. The bill sets out wide-ranging reforms, including a ban on section 21 evictions, known as ‘no-fault’ evictions.

A ban on no-fault evictions – which allow landlords to terminate certain tenancies without giving any reason – would instead require a landlord to seek possession of a rental property relying on a ‘section 8’ notice, which must include a valid reason listed among the permitted grounds for possession under the law as set out in the relevant section of the 1988 Housing Act. Broadly, the bill proposes to widen these grounds for possession while imposing a ban on no-fault evictions at the same time.

The government said that banning section 21 evictions will reassure tenants that they can challenge bad practice without the fear of retaliatory eviction, as landlords will need to provide a valid reason to end a tenancy. However, the proposals have not been universally welcomed.

According to various press reports, including in The Guardian, shadow housing minister Jane Scott recently hosted a roundtable meeting with landlords and industry voices to discuss potential court challenges and amendments in the House of Lords. One of the ideas discussed was launching a legal challenge to the bill under human rights law, according to the report.

The bill was originally proposed by the previous government as the Renters’ Reform Bill but failed to pass during the so-called ‘wash up’ before the 2024 general election, despite assurances by the then responsible Secretary of State, Michael Gove.  The bill then took shape again as a reconstituted Renters’ Rights Bill under the new government and many had hoped for swift passage. However, there are more than 200 proposed amendments listed for consideration during House of Lords Committee Stage. A number of these proposed changes have been welcomed by landlords and industry stakeholders, according to property dispute resolution expert Ian Morgan of Pinsent Masons, but there are also calls for a clear, deliverable, timetable for implementation.

The proposals aimed at addressing concerns raised by landlords include allowing landlords to use the new ‘student possession’ grounds in all student homes, not just houses in multiple occupation (HMOs); introducing a minimum six-month tenancy period; and improving the new rent increase process by allowing the Valuation Office Agency (VOA) to filter out spurious challenges to fair rent increases.

The proposed changes also aim to safeguard landlords if the tenant does not pay the initial rent after the tenancy is signed, and to require the government to review the impact of the Renters’ Rights Bill on the private rented sector.

“Delivering complex legislation at pace and scale is no easy feat, particularly in the private rented sector which is not one homogenous class of assets,” said Morgan. “Care must of course be taken to get the drafting and timing right to avoid unintended consequences but, on the other hand, I’m increasingly hearing calls for certainty on timings – it is a challenging yet necessary balancing act which parliament is well versed in navigating.”

 “It should also be remembered that passing the legislation represents only portion of the wider journey - there is then the practical side of implementing changes which at the end of the day will affect people’s homes or significant investments,” he said.