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02 May 2019 / Dominic Bright
Issue: 7838 / Categories: Features , Property , Landlord&tenant
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Section 21 sent packing

Dominic Bright provides an overview of the challenges & consequences of the government’s move to end ‘no-fault’ evictions

  • End of ‘no-fault’ evictions through repeal of Section 21 of the Housing Act 1998.
  • Strengthening Section 8 so that landlords are able to regain their property should they wish to sell, or move in.

In the Ministry of Housing, Communities & Local Government’s Overcoming the Barriers to Longer Tenancies in the Private Rented Sector (April 2019), the government announced that ‘we will introduce a generational change to the law that governs private renting. This government will put an end to “no-fault” evictions by repealing Section 21 of the Housing Act 1988’ [8]. All subsequent references are to paragraphs in this document. It was rightly described as a ‘significant step’ [28]. One reason is that, ‘on the whole landlords were resistant to the removal of the Section 21 “no-fault” eviction procedure’ [22].

Last year, over eight weeks, the government consulted on longer tenancies, proposing a new, three-year model.

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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