‘Action needed’ as no-fault eviction court proceedings hit seven-year high

Housing charities have repeated calls for a firm timetable on when Section 21 will be abolished.

No-fault eviction court proceedings are at a seven-year high in England (Alamy/PA)

Calls are growing to ban no-fault evictions after figures for landlords in England starting such court proceedings against their tenants jumped by more than a third.

The figure for the period from July to September this year is up 38% on the same period last year and the highest for any quarter since 2016.

Housing and homelessness charity Shelter accused the Government of putting the long-promised ban on Section 21 – where a tenant can be evicted without reason – “on ice”.

This week, as the King’s Speech confirmed the return of the Renters Reform Bill for the next parliamentary session, the Government said the section 21 ban will not proceed until court reforms have been made.

The plan for a ban was first announced in 2019 by then prime minister Theresa May who described them as “unfair evictions” that allowed responsible tenants to be “uprooted by their landlord with little notice, and often little justification”.

Figures released by the Ministry of Justice on Thursday showed there were 8,399 accelerated procedure landlord possession claims in the three-month period this year.

A landlord can apply for such an order if their tenants have not left by the date specified in a Section 21 notice.

The figure for the latest quarter is a 38% rise on the same period last year (6,092).

Renters have waited four long years for the government to come good on scrapping Section 21, to make that now dependent on unspecified court reforms taking place is ludicrous

Polly Neate, Shelter

Polly Neate, Shelter’s chief executive, said: “It beggars belief that this government is prepared to use cynical tactics to delay the banning of no-fault evictions, while record numbers of renters are being removed from their homes without cause.

“Renters have waited four long years for the government to come good on scrapping Section 21, to make that now dependent on unspecified court reforms taking place is ludicrous.”

She said there is “no excuse for putting the ban on unfair no-fault evictions on ice” and insisted the Government “must give a clear timeline of when it will pass the Bill and enforce the ban”.

Echoing these concerns, homelessness charity Crisis said it is “seriously concerned” the process “may take years”.

With each eviction notice served comes the stress of finding somewhere else to live. In many cases, there are simply no affordable homes available

Matt Downie, Crisis

Matt Downie, its chief executive, said: “Yet again, we see evidence of the insurmountable pressures placed on renters because of soaring rents and the cost-of-living crisis.

“With each eviction notice served comes the stress of finding somewhere else to live. In many cases, there are simply no affordable homes available.”

He said tenants “must not be punished because the courts aren’t functioning properly”.

But a group representing landlords said courts must be able to “handle possession cases swiftly and fairly when Section 21 goes”, arguing this is not currently happening.

The National Residential Landlords Association (NRLA) said there had been “little to no action” taken to make improvements in the courts system, branding this “disappointing”.

The figures come a day after the Levelling Up, Housing and Communities Committee chairman wrote to Housing Secretary Michael Gove demanding a timetable for the banning of no-fault evictions amid concerns it may otherwise be delayed indefinitely.

He urged the Government to get on and ensure courts could fast-track claims “rather than kicking the can down the road on private rental reform and seeking to make flimsy excuses for it delaying introducing the provision to ban ‘no-fault’ evictions”.

The Government has said it is working to speed up the court process around repossession of properties and said both landlords and tenants will be engaged in the process to ensure the system is as straightforward and efficient as possible.

Some Conservative MPs have previously voiced their opposition to the Bill, saying it would add to “the burden” on landlords.

Ben Beadle, NRLA chief executive, said: “Ministers have been warned for many years that improvements to the justice system have been needed. It is disappointing therefore that little to no action has been taken to address this so far.

“The Government needs to get on and build confidence in the ability of the courts to handle legitimate possession cases.”