Landlords in England and Wales have several mechanisms at their disposal to evict tenants from their properties. Sections 8 and 21 of the Housing Act 1988 are first and foremost among them.

However, changes are coming. The Government is likely to scrap Section 21 entirely and modify Section 8.

We talked to the experts at Just Landlords to see what exactly this means, and what you can do to protect your rental investment.

What are Section 21 “no fault� evictions?

If your tenants have an assured shorthold tenancy, you can use Section 21 to evict them, even if they haven’t broken the terms of their tenancy.

For example, you may wish to reclaim your property in order to sell it. Or you might want to live there yourself.

A Section 21 eviction is also known as a “no fault� eviction because the tenants do not need to have misstepped for you to be able to give them a date to leave.

However, you do need to be careful to follow guidelines and the correct procedures to avoid being accused of harassing or illegally evicting them.

Should you use Section 21 or Section 8?

The alternative to Section 21 is Section 8. You can use this to evict a tenant if they have broken the terms of their tenancy.

Currently, Section 8 notices require a notice period of at least two months. The exception to this is if your tenants display “serious anti-social behaviour�. In this case, the eviction period is four weeks for a periodic tenancy and one month for a fixed-term tenancy.

Why is the Government scrapping Section 21?

Recently, Section 21 has come under fire because it provides landlords with extensive powers to evict tenants who are not at fault.

A 2018 consultation found that many tenants were reluctant to challenge rent increases or even to request basic repairs because they can be evicted so easily.

In 2019, the Government determined that it would take steps to end unfair evictions, including reforming Sections 21 and 8 of the Housing Act 1988.

What precautions can landlords take to safeguard their investment?

While these legal changes are underway, there are a few steps that landlords can take to protect their rental investments. First and foremost among them is getting proper insurance.

Specialist property insurance provider Just Landlords explains: “A comprehensive policy can help protect rental homes from a range of risks. Knowing that you have cover if a tenant causes damage to the property can help provide peace of mind. On top of that, landlords can also consider rent guarantee insurance if they have concerns about tenants failing to pay the rent.�

Conclusion

Section 21 “no fault� evictions have long been a way for landlords to reclaim their property from tenants who haven’t broken the terms of their lease.

To increase tenant protection, the government is currently reforming the relevant sections of the Housing Act 1988.

Until the legal framework is finalised, the best path for landlords to take to protect their rental investments is to insure themselves, sit back, and see.