Industry News
No-fault eviction ban back on the agenda, but implementation date delayed indefinitely by court reforms
A
ſter running out of time in the last Parliamentary session, the Renters’ Reform Bill was included in the King’s
Speech, along with a pledge to deliver a “fairer deal for renters and landlords, by outlawing no-fault evictions and enabling landlords to evict anti-social tenants faster”. Back in October, the Government revealed it
will not introduce the abolition of Section 21 until stronger possession grounds and a new court process is in place. Tis was confirmed in the briefing notes issued with the King’s Speech. Ministers have been promising to end the right of
landlords to evict tenants without needing a reason since 2019, but Michael Gove said it was “vital” to update the courts first. Tis includes moving more of the
repossession process on-line and a better process to prioritise certain cases, including those involving anti-social behaviour. Downing Street has not put a timescale on how long the promised reforms will take to achieve. Te Opposition accused the Government of
kicking the much-delayed proposals into the “long grass”, arguing legal reforms would “take years” to complete. Labour’s shadow housing
Homelessness statistics revealed
Te Department for Levelling Up, Housing and Communities has revealed that initial homelessness assessments were made for 311,990 households in England in 2022/23, up 7.0% from the previous year. Of these, 298,430 households were assessed as owed a homelessness duty, due to being threatened with homelessness or already being homeless in 2022/23. Tis is up 6.8% from the previous year, and also
3.0% above the pre-Covid level in 2019/20. Tis increase from 2021/22 is driven by the increase in both households assessed as being threatened with homelessness, as well as households assessed as already homeless at the time of application. 140,790 households were assessed as being
threatened with homelessness and therefore owed a prevention duty in 2022/23. Tis is a 4.8% increase from 2021/22, however remains 5.7% below the pre- Covid-19 level in 2019/20. Te increase from 2021/22 has been influenced
by a 22.1% increase, to 54,320 households, in those threatened with homelessness due to the end of an assured shorthold tenancy. In particular there was a 23.5% increase in households owed a
secretary Angela Rayner accused the government of “betraying” renters with a “grubby deal” to avoid confrontation with Tory MPs who opposed to the plan. Polly Neate, chief executive of Shelter,
said: “In the last King’s Speech before a General Election, the Government has failed to grasp the scale of the housing emergency. Decades of inaction have leſt us with runaway rents, rising evictions and record levels of homelessness and Ministers are blaming everyone but themselves.”
LONG GRASS “We’ve already seen the Government play politics with the Renters (Reform) Bill and give in to a small minority of landlords on its own backbench who want to see it kicked into the long grass. Until the Bill is passed and implemented, 11 million private renters will remain living in constant fear of being evicted from their home without cause.” Landlords can currently evict tenants who are
not on fixed-term contracts without giving a reason, under housing legislation known as Section 21. Aſter receiving a Section 21 notice, tenants have two
months before their landlord can apply for a court order to evict them. Under the Government’s bill, all tenancies would
become “rolling” contracts with no fixed end date. Landlords would be able to evict tenants in certain circumstances, including when they wished to sell the property or when they or a close family member wanted to move in, aſter six months. It would also make it easier for landlords to repossess their properties in cases of anti-social behaviour or where the tenant repeatedly failed to pay rent. Ministry of Justice data shows that no-fault
evictions in England between April and June this year increased by 41%, compared with the same period in 2022. Te National Residential Landlords Association
warned that “uncertainty” over the future of the bill had made it “difficult for landlords and renters to plan for the future”. “As they consider the bill, MPs and peers will
need to make sure it secures the confidence of responsible landlords every bit as much as tenants,” NRLA chief executive Ben Beadle said. Should the bill fail to secure the confidence of landlords, the shortage of homes will only worsen, ultimately hurting renters.”
prevention duty due to landlords wishing to sell or re-let a property. 157,640 households were assessed as homeless
and therefore owed a relief duty in 2022/23. Tis is up 8.6% from 2021/22, and 12.1% above the pre-Covid-19 level in 2019/20. Similar to increases in prevention duties, this also has been influenced by a 39.4% increase, to 20,180 households, in those threatened with homelessness due to the end of an assured shorthold tenancy. Other notable changes in 2022/23 compared to the previous year include: • Decreases in the proportion of successful outcomes at the end of prevention and relief duties;
• Increases in number of households (with and without children) owed a homelessness duty; due to the end of an assured shorthold tenancy. In particular, large increases were seen in the end of assured shorthold tenancies due to landlords wishing to sell or re-let properties;
• An increase of 23.3% in households owed a prevention or relief duty where the main applicant was aged 65-74; and
• Increases in number of households owed a prevention or relief duty where the main applicant was in full-time (up 10.8%) or part-time work (up 6.5%), as well as a 19.3%
14 | HMMDecember/January 2024 |
www.housingmmonline.co.uk
increase in households where the main applicant was retired.
SHELTER’S RESPONSE TO THE MENTION OF THE RENTERS (REFORM) BILL IN TODAY’S KING’S SPEECH Polly Neate, chief executive of Shelter, said: “In the last King’s Speech before a General Election, the government has failed to grasp the scale of the housing emergency. Decades of inaction has leſt us with runaway rents, rising evictions and record levels of homelessness and Ministers are blaming everyone but themselves.” “We’ve already seen the government play politics
with the Renters (Reform) Bill and give in to a small minority of landlords on its own backbench who want to see it kicked into the long grass. Until the Bill is passed and implemented, 11 million private renters will remain living in constant fear of being evicted from their home without cause.” “Instead of looking for scapegoats, the
government should be pushing forward the solutions that will end the housing emergency for good - building social homes, fixing private renting and making it more affordable. To protect people from homelessness this winter, the Chancellor must unfreeze housing benefit in the upcoming Autumn Statement.“
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