The implications of section 21 abolishment
Quick Answer
With Section 21 being abolished and Assured Shorthold Tenancies becoming Assured Period Tenancies, landlords must quickly adapt to these changes and prepare themselves for a potentially longer, more complex eviction process.
Implications for Landlords:
a. Evidence and Record Keeping:
All possession claims now require evidence to support eviction grounds therefore landlords should maintain robust records of rent payments, tenancy breaches, property inspections and communications with tenants. Strong documentation is essential for avoiding disputes and supporting court proceedings.
b. Notice Periods
Landlords should ensure they are up to date with the relevant notice periods for each ground, with most requiring four weeks before court proceedings can be commenced. Thresholds have increased for rent arrears, landlords must wait four weeks after serving notice to start proceedings, with the threshold for the amount of arrears also increasing. Landlords must now consider tenants’ Universal Credit claims and should have proactive communication to ensure all options are exhausted before commencing proceedings.
c. Strategic Implications
More thorough tenant screening is advised as landlords need to be prepared for longer-term tenancies. This may have an adverse effect on the rental market as landlords will inevitably be more cautious about property lettings.
Evictions are now more evidence driven, administratively involved and potentially costly and therefore obtaining adequate references is essential.