As the Renters’ Rights Bill speeds towards Royal Assent, many landlords are asking what next for evictions. In this article, we explain the changes ahead, explore the timescales involved, discuss what evictions will still be allowed and reveal how you can sell your buy-to-let fast without evicting your tenants.
Q. When will Section 21 evictions be banned?
A. Although we expect the Bill to gain Royal Assent in September, change won’t happen overnight. Each new or amended law exists as a component part and there will be a period of adjustment for each.
How quickly Section 21 notices will be banned depends on the Government’s assessment of the court system and whether it needs improving to stop the courts becoming overwhelmed by Section 8 possession notices. The general consensus is Section 21s will cease early in 2026, although the departed Ms Rayner wanted Section 21 notices banned immediately.
Q. Are there special eviction measures for landlords of student lets?
A. Yes, Ground 4A is a new possession ground added to the Renters' Rights Bill, specifically for landlords with student accommodation. Ground 4A permits these landlords to regain possession of a property at the end of one academic year, so they can offer vacant rooms to students in line with a new academic year.
There was disappointment in September, however, when a House of Lords recommendation - that Ground 4A apply to all landlords with student lets - was rejected by the Government. Instead, Ground 4A will exclusively apply to landlords with student HMOs (Houses in Multiple Occupation) where there are three or more bedrooms.
After the Bill becomes an Act, landlords whose student tenants are in one and two-bedroom properties will be subject to rolling periodic tenancies, with a Section 8 notice the only way to regain possession.
Q. What is a Section 8 possession notice?
A. Unlike a Section 21 notice, which earned itself the nickname of a ‘no fault’ eviction, landlords will have to give a reason from a prescribed list to serve a Section 8 notice.
These reasons will include serious rent arrears; repossession by a mortgage lender; if the lease has expired and a superior freeholder wants to regain the property/building; if the landlords wants to sell or move into the property themselves; if the tenant is involved in serious anti-social or illegal behaviour and if the tenant doesn’t have the right to rent the property. A court can rule in a landlord’s favour on a number of discretionary grounds that are less severe than those outlined in grounds 1 to 8.
Q. How long does it take to evict a tenant?
A. According to Goodlord, landlords can currently wait up to nine months for an eviction in high demand areas, during which rent arrears can build and damage be inflicted on the property. Due to the deteriorating prospects in buy-to-let and rumours of more landlord taxes, the industry is gearing up for an increase in notices being served. This will only lengthen the time it takes to regain possession and more than a year to evict tenants is highly likely.
Q. Can I sell my buy-to-let without evicting my tenants?
A. Most landlords do not want to see their tenants homeless but feel vacant possession is the best way to successfully sell their property. There is another way. LandlordBuyer is a national house buyer that specialises in purchasing buy-to-lets with sitting tenants.
Government data shows there has been a year-on-year increase in private rented sector households in England qualifying for council support to prevent homelessness after their landlord decided to sell the property. This is totally avoidable.
You can sell with tenants in situ to us. With an average offer-to-completion timeframe of just 42 days, there will be zero months on the open market without income - your tenants will stay in their home paying you rent until completion. The tenancy will then transfer seamlessly over to LandlordBuyer.
Contact LandlordBuyer if you want a quick exit from buy-to-let and avoid having to enforce vacant possession to sell your property.