Rayner exit may hinder s.21 abolition

The recent resignation of Deputy Prime Minister Angela Rayner is poised to have significant implications for the Renters’ Rights Bill, particularly regarding the proposed abolition of ‘no-fault’ evictions under section 21 of the Housing Act 1988. Conor Maher, a Senior Associate at Ellis Jones Solicitors in Bournemouth, has raised concerns about the potential effects on housing reform in the wake of her departure. He pointed out that “a big question on the minds of landlords and lettings agents across England now will be, what happens next?”

As a principal advocate for renters’ reform, Rayner's absence creates uncertainty regarding whether her successor will maintain the same commitment to the abolition of section 21. Maher noted that “any loss of momentum, in what is an already tight parliamentary timetable for major housing reform, could see the can kicked down the street.”

The urgency of this situation is further compounded by existing strains within the County Court system, which is facing significant backlogs in possession claims and delays that are causing hardship for both landlords and tenants. Maher indicated that, under these challenging circumstances, it is plausible for the Bill to be passed into law while postponing the formal abolition of section 21 until the courts are better equipped to handle the anticipated increase in defended claims.

This transition period creates a palpable sense of uncertainty for practitioners, landlords, and tenants alike. As Maher mentioned, “landlords need to consider now how they will manage tenancies in a post-section 21 landscape, even if abolition is delayed.” Additionally, tenants should be aware that “despite promises of reform, no-fault evictions could remain part of the system for longer than expected.”