‘No-fault’ evictions ban delayed indefinitely after landlord lobbying

Private renters will have to wait even longer for ‘no-fault’ evictions to be scrapped after the government announced an indefinite delay following “extensive lobbying” from landlords.

The Renters (Reform) Bill will get its second reading in the House of Commons today. It comes over four years after Theresa May first announced plans for a “new deal for renters”.

But in a huge blow to renters, the government has announced ahead of the debate that one of its key elements will not go forward as planned.

A report from the Department of Levelling Up, Housing and Communities (DLUHC) said the ban on section 21 evictions will not be introduced until reforms to the court system have taken place – a major project that has no date attached.

The announcement came days before housing secretary Michael Gove is set to give the keynote speech at theNational Residential Landlord Association’s (NRLA) annual conference. The group has been lobbying the government over the bill and the DLUHC statement came in its response to a report by Parliament’s housing committee that references the NRLA 73 times.

Controversial section 21 evictions allow a landlord to remove a tenant at short notice with no reason. They are the most common method used for evictions and are one of the leading causes of homelessness in the UK. Then-prime minister May labelled them “unfair” when she announced plans to scrap them in 2019.

The long-awaited bill was announced in May this year, pledging to abolish section 21 and instead strengthen landlords’ ability to evict tenants by other means through the court system.

But the NRLA led a campaign by landlord lobby groups calling for urgent reforms in the justice system, arguing it currently takes too long for repossession hearings to take place because of huge backlogs in the courts.

In an article welcoming the government’s announcement, the NRLA, which represents 98,000 landlords, said on its website: “The government has confirmed it will NOT axe section 21 ‘no-fault’ repossessions until improvements have been made to the courts, following extensive lobbying by the NRLA.”

And in its evidence submission to the Levelling Up, Housing and Communities Committee report – titled Reforming the Private Rented Sector – the NRLA said 60% of the 3,000 landlords it surveyed “could envisage” staying in the private-rented sector without section 21, as long as court reforms and new possession rules were brought in. But 17% of landlords surveyed told the NRLA they would leave the sector if section 21 evictions were banned.

Almost a fifth (68) of Tory MPs are landlords, along with another 19 MPs from other parties, research by campaign group 38 Degrees found earlier this year.

Shadow housing secretary Angela Rayner has accused Gove of doing a “grubby deal with Tory MPs to kick the no-fault evictions ban into the long grass,” and referred to it as an “indefinite delay”.

It comes as a new report from London mayor Sadiq Khan shows 290 Londoners a week have faced section 21 evictions since the government pledged to ban them. Based on its analysis, City Hall predicts that in the next six months 15,000 more people will lose their homes in this way.

When asked to clarify the government’s position, Number 10’s chief spokesperson said: “The bill will deliver on the government manifesto commitments to deliver on a ban on no-fault evictions,” but that “it is obviously right we put in place the necessary provisions.”

“We think this is an important commitment, equally this is right to ensure all the provisions are in place,” they added.

Housing campaigner Kwajo Tweneboa told openDemocracy the bill has “lost its backbone, and so has this government”.

He said: “I think it’s a national disgrace that tenants who in many cases have contributed to paying the mortgages on many of these homes can be kicked out for absolutely no reason at all.

“What’s worst is the government is more concerned with keeping a landlord lobby group satisfied, rather than the millions currently struggling in the private rental sector when rents have been at the highest levels we’ve seen and section 21 notices are handed out like sweets.

“By the sounds of it, the Renters (Reform) Bill has lost its backbone and so has this government in delivering it. It’s a real shame considering the somewhat positive work Michael Gove had done with the Social Housing Bill earlier in the year.”

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Tenants’ rights groups also said it was clear ministers were more interested in keeping landlords happy than ensuring renters don’t face insecurity.

A spokesperson for the London Renters Union said: “This government cares more about keeping the elite landlord lobby happy than it does about the wellbeing of the 230,000 renters who have been served a section 21 since promising to abolish this legislation in 2019.

“It's unfair that renters could remain trapped in insecurity for years to come just so that landlords can protect their profit margins and maintain their power over our homes.

“Abolishing section 21 is only the start. If we want to see an end to the housing crisis, we also need to see caps on unaffordable rent increases and a massive investment in public homes."

Polly Neate, chief executive of Shelter, told openDemocracy: “Renters have already had to wait far too long for reform. The government absolutely cannot kick abolishing ‘no fault’ evictions down the road and leave them waiting any longer. We need a clear and unambiguous timeline for abolishing these evictions.

“Renters need security now. A renter receives a Section 21 eviction every three minutes. If the government plans to keep its promises to renters, then it needs to pass a watertight Renters (Reform) Bill without caveats or loopholes.”

Union ACORN's head organiser Nick Ballard said: "It’s clear this government is still bound by the will of the landlord lobby and backbench landlord MPs, but whatever happens next ACORN will continue to mobilise our members and push to make sure that this legislation delivers the real change that renters need and deserve.”

Before the second reading was announced earlier this month, there had been concerns the government was dragging its heels in bringing the bill forward. Almost 1,000 openDemocracy readers in England wrote to MPs urging them to ensure the bill was kept alive.

NRLA chief executive Ben Beadle said: “Reform of the rental market will only work if it has the confidence of responsible landlords every bit as much as tenants. This is especially important given the rental housing supply crisis renters now face.

“Following extensive campaigning by the NRLA, we welcome the approach taken by ministers to ensure court improvements are made before section 21 ends.”

The DLUHC did not comment directly on delays to the section 21 evictions ban, but a spokesperson said it was progressing the bill to create a private rented sector “fit for the 21st century" while offering protections for landlords to repossess properties from anti-social tenants.

“The Renters (Reform) Bill will deliver a fairer private rented sector for both tenants and landlords. It will abolish section 21 ‘no fault’ evictions – giving people more security in their homes and empowering them to challenge poor practices," they added. “The select committee recommended that improvements to the court system should be in place to implement the banning of section 21 evictions in the most effective way for landlords and tenants.”