Thursday, 2 May 2019

An End to No fault evictions?

Theresa May recently announced that the UK Government plans to end No fault evictions in the private rented sector.

In Scotland, this is already the case. A landlord’s right to end a residential tenancy for ‘No Fault or reason’ was abolished in December 2017 when the new Private Residential Tenancy became law. 

Prior to then, and currently still in England, a landlord can give a tenant 2 months notice to terminate a tenancy at the end of the fixed date of the tenancy and does not need to provide a reason.   

Whilst most tenancies are ended by the tenant, and not the landlord, it allowed a landlord to end a tenancy if the tenant was difficult, or more usually if they were in arrears as often it is quicker to gain possession of the property rather than raising court proceedings for non-payment.

In Scotland, there are now 18 grounds that a landlord can end the tenancy, such as if they want to sell the property, move back into it or renovate it.  It also makes it easier for a landlord to end the tenancy if the tenant is in arrears. If a tenant is 3 months in arrears, a landlord in Scotland can give their tenant 28 days notice. At which point they can apply to the Property Tribunal for an eviction order.   

Exactly what the English proposals will be have not been announced yet.

If you need any advice on managing your residential property, we will be happy to help.