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Loopholes in renter reform proposals could keep tenants at risk of unfair eviction

11 Hydref 2019

Changes to tenancy rules, aimed at helping renters, could unintentionally leave vulnerable groups at continued risk of being unfairly evicted says Citizens Advice.

The national charity wants to see an end to section 21 ‘no fault’ eviction notices. They’re blamed for so called revenge evictions where tenants are forced out because they’ve complained about issues such as poor maintenance.

But proposals being considered by the government include a six-month break clause, enabling landlords to evict tenants who have paid their rent and not broken any of the terms of their contract. 

A government consultation into scrapping section 21 closes this weekend (October 12th.)

Citizens Advice, in its response to the consultation, says unless legislation is watertight and issues such as these are resolved, there's a chance this could lead to section 21 “by the backdoor.”

Our research has found almost 3 in 5 tenants (57%) who have received a section 21 eviction notice had made some kind of complaint or request for repairs in the six months before receiving it.

Citizens Advice believes this means some of the most vulnerable people - who are already disproportionately likely to have problems with their rented accommodation - will continue to face an increased risk of losing their home.

The charity helped 57,854 people with problems connected to the private rental sector in the last year:

  • 24% were disabled or had a long-term health condition - compared to 18% of the general population

  • 25% of those also had a mental health problem 

  • 22% were Black, Asian or minority ethnic (BAME) - compared to 14% of the general population

  • 61% were women.

The proposals also include provision for landlords to evict tenants if they have one month of rent arrears at the time of a possession hearing in court. Currently it’s two months of arrears.

Citizens Advice says this would affect people who have even small and short-term rent arrears, leading to further and more serious problems with debt.  Just under half (46%) the debt issues people ask Citizens Advice for help with are related to paying household bills, such as rent, council tax and energy. 

Gillian Guy, Chief Executive of Citizens Advice, said:

“Tenants in private rented accommodation come from all walks of life. They need to feel secure in their homes.

“Like anyone else, they want to put down roots, give their children a consistent education and get on with their careers, without the constant stress of wondering when they might be forced to look for a new place to live.

“We’re fully behind the government’s plan to end to section 21. At the same time, we’re deeply concerned that some of the proposals to scrap it contain loopholes. 

“This risks the unintended consequence that tenants who complain about disrepair, or struggle to make ends meet, remain just as vulnerable to losing their home at short notice.”

Notes to editors

  1. Citizens Advice’s full response to the government consultation document can be found here.
  2. Citizens Advice includes the national charity; the network of independent local Citizens Advice charities across England and Wales; the Citizens Advice consumer service; and the Witness Service.
  3. Citizens Advice is the statutory consumer advocate for energy and post. We provide supplier performance information to consumers and policy analysis to decision makers.
  4. The Citizens Advice Witness Service provides free, independent support for prosecution and defence witnesses in every criminal court in England and Wales.
  5. Citizens Advice offers Pension Wise services at 500 locations in England and Wales.
  6. Citizens Advice’s services are free, independent, confidential and impartial, and available to all regardless of race, gender, disability, sexual orientation, religion, age or nationality.
  7. To get advice online or find your local Citizens Advice, visit citizensadvice.org.uk
  8. For consumer advice, call the Citizens Advice consumer service on 03454 04 05 06 or 03454 04 05 05 to talk in Welsh.
  9. We helped 2.6 million people face to face, by phone, email and webchat in 2017-18. For service statistics see our monthly publication Advice trends.
  10. Citizens Advice staff are supported by over 23,000 trained volunteers, working at over 2,500 locations in England and Wales.