The End of Section 21: A Response to Tenant Concerns

The government has decided to abolish landlords’ ability to serve Section 21 notices. This decision follows claims from tenant support groups that 46% of tenants received eviction notices within six months, leaving many in unstable living conditions.

Potential Exodus of Landlords from the Property Market

The removal of Section 21 could drive landlords to exit the already struggling property market. Many who relied on short-term rentals may no longer have flexibility, forcing them to rent indefinitely unless they provide sufficient grounds for repossession—similar to Scotland’s 2017 reforms.

Learning from Scotland’s Shift to Open-Ended Tenancies

Since December 2017, Scottish landlords have been barred from using Section 33 (their version of Section 21) for “no-fault” evictions. Instead, they must demonstrate “reasonable cause,” such as selling, refurbishing, or moving into the property. Scotland’s open-ended tenancy model, akin to an assured tenancy, is now a likely blueprint for England.

Rising Rents and Tenant Suffering: An Unintended Consequence?

While tenant advocates hail the abolition as a victory, critics warn it may lead landlords to raise rents to offset perceived risks. This could worsen affordability for tenants, undermining the policy’s goal of improving housing security.

Housing Stock Decline: A Looming Crisis Without Safeguards

Landlords who urgently need their properties back (e.g., for personal use or major renovations) may sell rather than navigate stricter regulations. Without additional provisions, this could exacerbate the UK’s shrinking housing supply, deepening the crisis.

Striking a Balance: Protecting Tenants While Addressing Landlord Needs

The government must listen to landlords to ensure fair routes for property repossession. Most Section 21 notices are already used for legitimate reasons, so reforms should balance tenant protections with landlords’ practical needs—a lesson underscored by Scotland’s phased approach.