Renters’ protections loopholes ‘could see tenants evicted by the backdoor’

Citizens Advice said reforms must be ‘watertight’ as they warned landlords could use excessive rent increases as a way of forcing tenants out.

Loopholes in a new Bill to protect renters could see tenants still evicted without reason, a charity has said (Steve Parsons/PA) (PA Wire)

Loopholes in new legislation to protect tenants could see “unscrupulous landlords” continue to evict renters “by the backdoor”, Citizens Advice said, as it detailed helping record numbers of people with those issues last month.

The charity provided support to almost 2,000 people with issues around so-called no-fault evictions in May, which it said is the most in a single month on record and a 25% increase since the same month last year.

The long-awaited Renters’ (Reform) Bill was introduced to Parliament last month, promising to deliver on a 2019 Conservative manifesto commitment to abolish Section 21 (no-fault) evictions.

Reforms to the private rental sector are welcome but they’re open to abuse from unscrupulous landlords. The Government must ensure reforms are watertight and not include loopholes which allow Section 21 evictions to continue by the backdoor.

Matthew Upton, Citizens Advice

These currently allow landlords to quickly evict tenants without having to give a reason, but the Government said the changes in the Bill will “empower renters to challenge poor landlords without fear of losing their home”.

But concerns have been raised due to the reforms also strengthening landlords’ rights to throw out tenants for antisocial behaviour, with the Department for Levelling Up, Housing and Communities stating that the Bill will broaden the classification of “disruptive and harmful activities” that can lead to eviction.

Notice periods will be reduced where renters have been “irresponsible” – for example, by breaching their tenancy agreement or causing damage to the property, according to the Government.

The Bill also seeks to make it illegal for landlords and agents to impose blanket bans on renting to benefit claimants or families with children, and applies “decent home” quality standards to the private rented sector for the first time.

Citizens Advice said the reforms must be “watertight” as they warned landlords could use excessive rent increases as a way of “forcing tenants out”, with the charity finding that less than 10% of renters who challenged a rent hike were successful.

The organisation is calling for the length of time new tenants are protected from no-fault grounds for eviction to be increased from six months to two years as well as steps to be put in place to ensure landlords who claim to need to sell a property cannot then rapidly re-let it.

Matthew Upton, from Citizens Advice, said: “Our advisers are increasingly hearing from renters who are being forced to uproot their entire lives after receiving a Section 21 notice.

“For too long, renters have lived in precarious situations with few protections while landlords have held all the cards.

“Reforms to the private rental sector are welcome but they’re open to abuse from unscrupulous landlords. The Government must ensure reforms are watertight and not include loopholes which allow Section 21 evictions to continue by the backdoor.”

A Government spokesperson said “any attempt to get around the law will not tolerated and our reforms will prevent section 21 from being replicated through rent hikes”.

They added: “Where landlords seek possession through a court, they must prove their intention to sell or move themselves or family members into the property.

“To prevent landlords from exploiting these grounds, they will not be able to re-market or relet their property for three months after using them.”