The Section 21 Possession Procedure: What does the Future hold?

By Saagar Mehta


Ahead of the General Election called for 4 July 2024, the Renters (Reform) Bill has not been passed, and will no longer be passed as it is lost in the wash-up period prior to the dissolution of Parliament.

However, Labour’s Deputy Leader & Shadow Secretary of State for Levelling Up, Housing and Communities, Angler Rayner, and Shadow Housing Minister, Matthew Pennycook, has announced the party’s plan to abolish Section 21 Notices within their first 100 days, should they rise to power.

There was much speculation throughout 2023 and the early part of 2024 as to whether the much anticipated Renters (Reform) Bill would be passed. Section 21 notices are one of the ways that Landlords can use to evict tenants who have an assured shorthold tenancy, and are often referred to as ‘no fault evictions’ as no grounds are required to serve such a notice, and the defences are extremely limited to technical defences.

The Government previously published plans to put an end to this in the White Paper entitled “A fairer private renter sector” before adding further support through The Renters (Reform) Bill. Despite the obvious disparity that Labour were happy to implement changes without waiting for the Court system to be reformed, whilst Conservative were hopeful of reform of the Court system prior to introducing changes.

For now the Renters (Reform) Bill appears to be ‘old news’ however, the housing sector will certainly be awaiting to see what changes lie before it, ahead of a new Government and their priorities in respect of this area.

If you would like to know more about how this could affect you or the practical implications of this, as a landlord or as a tenant, Nockolds is able to assist you. 

If you are concerned about the changes and your ability to obtain possession of a property in the future, we recommend you seek advice now to see if there are provisions you can include within your tenancy agreement that may assist.

If you are interested in continuing to receive updates on this or you would like any further advice in respect of residential possession claims, please contact Saagar Mehta.