What Is A No-Fault Eviction

What Is Eviction?

Before diving into no-fault evictions, an understanding of ‘eviction’ itself must be established. Eviction is a court-ordered removal of a tenant from the property in which they currently reside.

Before doing so, landlords must adhere to strict rules based on a tenancy agreement, or they could be guilty of wrongful eviction and harassment. 

As there are various types of tenancy agreements, the rules vary when it comes to eviction. For example, should a tenant be living in the same property as their landlord, written notice of eviction is not necessary, but they should still provide ‘reasonable notice’.

Learn more about the different types of eviction.

No-Fault Eviction

A no-fault eviction, or ‘Section 21 notice’, is the first step landlords make to end an assured shorthold tenancy. The ‘no-fault’ stipulation means the landlord does not need to provide justification for evicting the tenant.

In this instance, the tenant is not being evicted because they have been in breach of their contract. Alternatively, the landlord’s plan for their property may have changed. 

Landlords may impose a no-fault eviction at the end of a fixed-term tenancy agreement, or during a tenancy with no fixed end date (periodic tenancy). They must grant the tenant a 2-month notice period. If a tenant still resides at the premises, after the notice period, the landlord may apply to court for a possession order

Can Landlords Really Evict Tenants For No Reason?

At present, the short answer is yes… Which doesn’t leave renters with much solace. 

There are a handful of reasons a landlord may wish to commence a no-fault eviction. Perhaps they themselves wish to move back into the property, or put it on the market to sell, or even demolish it.

No-fault evictions may be disputed by tenants, and even invalidated. If the landlord has not adhered to stipulations in their tenancy agreement, then the tenant may have rightful cause to invalidate the notice.

Reasons to invalidate a no-fault eviction-

  • The notice was not served correctly.
  • The landlord did not follow the tenancy deposit rules.
  • An energy performance certificate (EPC) or gas safety certificate was not provided at any point during the tenancy.
  • The landlord failed to provide a How to Rent guide.
  • The property is unlicensed, or there are no necessary license applications in process.
  • A banned fee has been accepted, by charging a prohibited payment or retaining a holding deposit. 
  • The notice was served after a complaint about the property was made.

If you think this may apply to you, and wish to seek legal advice, we have more than 30 years of experience as residential property solicitors. Follow the link to learn more.

What Do No-Fault Evictions Mean For Tenants 

As established, there are actions a tenant can take after receiving a no-fault eviction notice. 

When a notice is valid, a tenant can start a negotiation with their landlord. Terms that can be negotiated could include the notice period length or the landlord’s involvement in a new property search. 

Tenants should start looking for new housing and can request help from their local council. Emergency housing or support may be granted when necessary. 

Renters Reform Bill

No-fault evictions have been criticised for their lack of fairness and are exploited by some landlords. For this reason, the government is currently revising a Renters Reform Bill, which looks to end no-fault evictions. 

As well as no-fault evictions, the bill intends to put more provisions on landlords. It will cover renter application refusals and more transparency prior to signing tenancy agreements. There will also be a new, more ethical approach should landlords wish to reclaim their property from tenants. 

In 2022, the government published a ‘A Fairer Private Rented Sector’ White Paper, which outlined their intentions for the Renters Reform Bill. During 2023, it passed the ‘First’, ‘Second’, and ‘Committee’ stages of review, wherein its principles are edited and scrutinised.

There is now pressure on the government to invoke the bill, but there is a lack of certainty as to when this will happen. 

How Can Blacks Legal Help? 

At Blacks Legal, we understand that being issued a no-fault eviction notice could be a distressing time. It is important that you work with solicitors who are experienced, professional, and caring. We pride ourselves in our personable approach. Should you be seeking friendly legal advice, contact us today.

Not every landlord-tenant dispute emerges over no-fault evictions. It can sometimes happen much sooner than the end of a tenancy. At Blacks Legal, we have seen it all. Read our blog on Resolving Landlord-Tenant Disputes to learn more about managing property-related disagreements.