House of Lords peers advocate a delay to Section 21 ban

Category: government and politics

Labour’s Renters’ Rights Bill made it through to the House of Lords after several readings and revisions in the House of Commons. 

Conservative peer Baroness Scott of Bybrook has led the charge in proposing dozens of major amendments to the Renters’ Rights Bill, after the last reading spurred much debate.

The situation with Section 21

Though there has been no call to retain the Section 21 eviction process that many private landlords have called for, it has been proposed that removing it should be delayed.

The decision to remove Section 21 ‘no-fault’ evictions from law has been the centre of controversy surrounding the bill. Private landlords worry about the implications this reform may have on their livelihoods, given extensive court waiting times and legal costs.

However, as former Conservative Housing Minister, Baroness Jane Scott has shown much sympathy to the plight of private landlords, often pointing out ways that the bill would negatively impact them during debates.

The baroness proposed that the Section 21 ban should be delayed, at least until the Lord Chancellor has published an assessment of the property possession process. She has also suggested that the courts service should demonstrate it has the capacity to process these new demands upon it before the roll-out goes ahead.

Other peers have suggested that Section 21 should be retained as an option for “smaller” landlords who let fewer than five properties. 

However, as this would account for a large portion of UK landlords, this proposal would greatly undermine Labour’s efforts to ban Section 21 in the first place, because only ‘larger’ portfolio landlords would be impacted. As such, it currently seems unlikely that this will be among the formal amendments.

Other proposed amendments

In addition to proposals relating to Section 21, House of Lords peers have suggested other key amendments. They believe fixed term tenancies of up to 12 months should remain. Landlords and tenants would be able to agree term extensions, according to this amendment.

They added that tenants should also have the ability to request a specified term, after they have occupied the property for four months or more.

The topic of student lets has also been addressed in relation to these points, as peers have proposed that student tenancies should remain as fixed terms. The proponents of this particular amendment argue that it would increase certainty for both landlords and tenants before a tenancy begins.

What’s next for the Renters’ Rights Bill?

It’s important to note that these amendments still have yet to be approved in the House of Lords. If they are accepted, Labour’s Renters’ Rights Bill may end up resembling the Tories’ abandoned Renters (Reform) Bill even more closely.

However, the proposals may represent a ray of hope for landlords, and the fact that there are politicians fighting in their corner is encouraging.

With the Renters’ Rights Bill growing ever closer to entering UK law, we will keep you updated on how it progresses, and if any of these changes will be made.