A Section 21 is NOT an Eviction Notice
Since the Government's white paper titled ‘A Fairer Private Rented Sector’ was published in June 2022, there has been constant reference to a Section 21 Notice being an ‘eviction notice.’ The headline across government publications and the national press was and still is :-
“No-fault evictions to be banned in England from May” - BBC
“In just under six months, private renters will no longer face being served with a Section 21 ‘no-fault’ eviction notice.” - ““We’re calling time on no fault evictions” - Housing Secretary, Steve Reed & MHCLG
Understanding Section 21 & Section 8 Notices
Since the White Paper in 2019 presented the abolishment of Section 21, the word "Eviction" has been confused with the “service of the notice. This misunderstanding of the legal processes has caused a great deal of confusion which has been repeated ad infinitum by the trade press, national press, news outlets and even the Government. Whilst this may seem a trivial comment given that the previous and current Government have ‘peddled’ the idea that every Section 21 notice served by a landlord equates to eviction when in fact the service of the Section 21 is a preliminary step in the legal process of ending a tenancy. it is not, in itself, an eviction.
Tackling Housing Debt & Eviction - Enhancing Occupier Engagement Through Improved Communication and Advice
Financial Fairness Trust & the University of Southampton
Introduction
Every year tens of thousands of households face the threat of losing their home due to rent or mortgage arrears. The impactthis can have on the health and wellbeing of those involved, particularly children, can be significant (Nettleton and Burrows2001; MIND 2011) not least for the reason that ‘home’ is often associated with security, safety, community and wellbeing (Fox O’Mahony 2007). Despite this, little is known about the experience of occupiers of the arrears process. What we do know is that a significant number of them do not participate in the arrears and possession process or do so only when it is too late to save their home (see, for example, Bright and Whitehouse 2014; Brookes and Hunter 2016; Whitehouse, Bright and Dhami 2019).
In an effort to understand the reasons for this, this project sought to capture the views and experiences of those with lived experience of housing debt and the threat of home loss. Based on these views, this project offers evidence-based proposals designed to improve engagement in the arrears and possessions process. Given the heightening of the pre-existing ‘landscape of precariousness’ (Forrest 1999) by the COVID-19 pandemic, and the cost of living crisis, an exploration of ways to improve engagement and reduce evictions seems both important and timely.
1st October 2021 - Section 21 & Section 8 Notice periods to revert back to Pre-Pandemic Rules
The government has confirmed that notice periods for both Section 8 and Section 21 Notices in England will return to the pre-pandemic rules on October 1st, 2021.
Over the last 18 months since the government introduced emergency measures as part of the Coronavirus Act 2020 to protect renters, notice periods for both notices have changed 5 times causing a great deal of confusion for landlords and letting agents.
The Ministry of Housing, Communities and Local Government announced: “While these measures were appropriate at the height of the pandemic, these restrictions could only ever be temporary. Returning notice periods to their pre-COVID lengths from 1 October will allow landlords to repossess their property where necessary. However, we intend to retain the power to implement these measures again in the case that the public health situation worsens and these measures are required again.”