Worcestershire landlords are being reminded of a key deadline under new housing legislation.
If they wish to rely on Section 21 ‘no-fault’ eviction notices served before recent private rental reforms came into effect they must act before the cut-off date of July 31.
The warning comes in light of the Renters’ Rights Act, which took effect on May 1 and marks the most significant shake-up of private renting in over 30 years.
Claire Liddy, an associate in the civil litigation department at mfg Solicitors, said: “31 July is the critical deadline for private landlords in England to apply for a court possession order for any valid Section 21 ‘no-fault’ eviction notices that were served before the Renters’ Rights Act came in.
“If the landlord misses the 31 July deadline or the notice is ruled invalid, the eviction notice expires and lapses.
“The tenancy will automatically become an assured periodic tenancy, and the landlord will be forced to use the new Section 8 process for any future evictions.”
Under the new rules, landlords can no longer start court proceedings under the old Section 21 process after the deadline.
Instead, they must rely on the Section 8 process, which requires a legally specified reason for eviction, such as rent arrears, anti-social behaviour or a need to sell the property.
Landlords must also provide supporting evidence to the court.
Ms Liddy said: “The Act is intended to strengthen tenant protections and improve standards across the sector, but for smaller landlords, the practical impact is likely to be felt most acutely in the day-to-day administration of lettings.
“In practice, the abolition of so-called ‘no-fault’ evictions under section 21 will place greater importance on record-keeping and process.
“Where landlords need to regain possession, the ability to evidence arrears, breaches of tenancy terms or other statutory grounds will be critical, and errors in notices or documentation will likely cause delays and additional cost.”
She said that although much of the attention had been on the headline policy changes, operational impacts would be the most pressing for many landlords.
Ms Liddy said: “Whether managing properties directly or through a letting agent, processes and paperwork will need to withstand greater scrutiny than ever before.
“We are already seeing more landlords asking for expert guidance because they want confidence that their processes are compliant, which is likely to become increasingly important as the new regime beds in.”
Landlords seeking further advice on Section 21 can contact Claire Liddy at claire.liddy@mfgsolicitors.com.
mfg Solicitors has offices in Birmingham, Kidderminster, Bromsgrove, the Black Country, Worcester, Ludlow and Telford.
