Section 21 evictions hit their highest level last year since 2016, and it’s expected numbers will increase again this year.
Some 32,387 households in England were taken to court by their landlord seeking possession last year, figures from the Ministry of Justice show.
This figure is up from 30,230 in 2023, and the highest since 2016, when 33,522 such court claims were made.
The Renters’ Rights Bill is set to outlaw Section 21 evictions. The ban has concerned landlord groups due to the broken nature of the court system in the UK, with it taking months to evict a tenant via Section 8, where you have to give a reason.
Section 21 rush will intensify
Paul Shamplina, founder of Landlord Action, warned we could see more Section 21s being utilised ahead of the ban owing to these concerns.
He said: “Landlords are selling in droves, and sadly, renters are the real losers. The knock-on effect is clear: a surge in Section 21 claims as landlords rush to secure possession before the rules change. Courts are already overwhelmed, and with no additional resources allocated, landlords are facing waits of up to 15 months for eviction dates. This is completely unacceptable.
“Had the previous government introduced dedicated Housing Courts, we wouldn’t be in this mess. Now, as we head into 2025, I predict Section 21 claims will hit their highest levels, particularly in the first six months. The fear among landlords is real. Under new possession grounds, it will be even more difficult to reclaim properties.
“Looking ahead, the situation will only worsen. Once the new law is in place, landlords looking to sell will need to wait a year and then serve a four-month notice under Ground 1A. This will add further strain on an already struggling court system, pushing local authorities to breaking point as more tenants are forced to stay put until eviction.
“The message is clear: landlords need certainty, tenants need security, and the government must act now to properly resource the courts before the system collapses under the weight of unprecedented demand.”
Hurry up and pass the Renters’ Rights Bill
Sarah Taylor, property dispute resolution partner at Excello Law, said the government needs to avoid delays with the new legislation to prevent a landlord exodus.
She said: “We have seen that the uncertainty over the changes to the legislation has led to a number of landlords choosing to either leave the rental market or to obtain vacant possession of their property whilst they wait to see what happens when the new legislation comes into force.
“As the Renter’s Rights Bill makes its way through Parliament, landlords are waiting to see what the consequences will be and whether it will result in additional costs for them. Some are unwilling to wait and instead choosing to leave the market. Meanwhile, tenants are on the receiving end of this uncertainty as landlords serve notice on them to recover possession and evict them from their homes. It is important for the housing market that the bill becomes law soon to give certainty to both landlords and tenants.
“Meanwhile, we are seeing an increase in the build to rent market and will wait to see if an increased investment in rental properties by institutional landlords will provide quality rental properties for families which also offer security of tenure when the new legislation comes into force. Affordability may however continue to be an issue for many tenants.”
Tenant campaign group
Tenant groups have expressed frustration that tenants can, in theory, be evicted out of revenge by bad landlords if they make complaints about the state of a property.
Ben Twomey, chief executive of campaign group Generation Rent, said: “For the thousands of renters facing a Section 21 in 2024, the Renters’ Rights Bill will be too late. They have faced the stress and expense of finding a new place to live, and uprooting their lives on their landlord’s whim.
“The reforms mean landlords will need to demonstrate a valid reason for eviction in future, and give their tenants more time to move when selling or moving back in. But renters will still bear the cost of moving for reasons beyond our control. And we are still vulnerable to unaffordable rent rises.
“The government must take the opportunity to strengthen protections for tenants by requiring landlords who want to move in or sell to cover the cost of their tenant’s relocation, and limiting rent rises to the lower of wage growth or inflation.”
To deal with the interim period Generation Rent called for the government to require landlords to use no-fault grounds to cover their tenants’ cost of moving.