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Category: evictions
In light of upcoming reforms to eviction processes, a leading inventory software company has discovered a potential weakness in a section of the Renters’ Rights Bill.
One of Labour’s central objectives with the Renters’ Rights Bill has been to impose new limitations on landlords’ abilities to evict tenants. This is intended to redress common reports of “unfair evictions”.
The main way they are going about this is by taking Section 21 “no-fault” evictions out of law, inciting much controversy in the private rental sector (PRS).
However, even when Section 21 is out of the picture, concerns have been raised about a new avenue landlords could take to repossess their properties, under specific circumstances.
What you need to know about Section 6B
Researchers from Inventory Base discovered that Section 6B of the Renters’ Rights Bill may allow landlords to fully reclaim their properties under the pretext of needing to carry out “major works”.
In situations where vaguely-defined “substantial redevelopment” of a property is needed, a landlord could regain possession of a property.
There are many situations where a landlord may legitimately need to redevelop part of their property, possibly to address complaints made by tenants.
Many landlords may need to carry out major works in response to Labour’s tightening EPC criteria and targets. For example, the replacement of gas boilers with renewable heating systems, and the installation of extra insulation to retain the acceptable levels of warmth.
Having the freedom to issue evictions in these scenarios so that works can be carried out uninterrupted may be necessary to some landlords when Section 21 is no longer an option.
However, Sian Hemming-Metcalfe from Inventory Base has highlighted that “unscrupulous” landlords could abuse this as a loophole. Carrying out maintenance or redevelopment works could be used as an excuse to get rid of tenants.
Hemming-Metcalfe said:
Section 6B could be a sensible reform – if it’s handled properly. But without clear definitions and proper oversight, it runs the risk of being misused, disputed, or even ignored.
(…) If landlords, tenants, and local authorities all want a fair, functional system, evidence-backed documentation needs to be part of the equation. Otherwise, we’re looking at yet another policy change that creates more problems than it solves.
How to demonstrate legitimate use
The company has caveated that, while Section 6B could give some much needed leeway to landlords, there are safeguards being put in place that would make it hard to liberally abuse it.
Landlords would have to document the “before” condition of the property, showing the areas that need improvement.
Once the improvement work has been done, a final inspection would be carried out to assess the habitability of the property. This would prevent delays in putting the property back on the lettings market.
In the event that a tenant accuses a landlord of unfair eviction, it would be advisable for a landlord to keep evidence of the progress of the works being carried out.
Other eviction statistics
Having analysed landlord property repossession data, Inventory Base also found a trend over the past few years.
The waning years of the COVID-19 pandemic saw increases in repossession orders across the UK. There was a temporary ban on bailiff-enforced evictions during this period, which severely limited landlords’ powers to repossess their properties.
Nonetheless, 2020 saw court bailiffs execute close to 7,500 evictions, followed by a slight increase to 9,500 in 2021.
But in May 2021, the ban on evictions was lifted. Almost immediately, the number of evictions shot up to almost 19,700 in 2022.
Subsequent years have seen more gradual increases, but still orders of magnitude more compared to the peak COVID years. By 2024, bailiffs had helped landlords issue 28,000 eviction notices.
The permanent outlawing of Section 21 notices will very likely coincide with another sharp drop in evictions.
When the new laws are in place, it will be vital for landlords to understand the rules surrounding evictions, and the appropriate situations in which they are able to use the tools at their disposal.
