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The end of Section 21
But it looks like it’ll be even easier to evict people now. Landlords could simply pop the house on the market to get mandatory possession. No defences either.
Hoora….
I don’t think that it’s quite that bad. The new ground (1A, according to the horrible naming convention which gives us grounds 2ZB and 5G) relies on an intention to sell - so in principle you could put the landlord to proof on that. If they are going to perjure themselves and say they intend to sell, then go ahead and let the property out within the next three months (although hopefully the final Act will increase that number), then they can be given a financial penalty under clauses 10(4) and 11.
Also, I think you might be interested in the amendments to ground 8, which will mean that UC HCE to which the claimant is entitled but has not yet been paid will be taken out of consideration in establishing whether the mandatory ground is made out.
Although apparently our friends north of the border are saying that there is a similar provision in the Scottish legislation that is subject to rampant abuse so we will see!
Delays in universal credit housing cost payments are accounted for in the amended rent arrears Ground 8 - from the explanatory notes to the Bill (from para 611)....
611 Paragraph 21 amends ground 8 of Schedule 2 of the Housing Act 1988 so that if a tenant’s arrears are only because a Universal Credit payment that they are entitled to has not yet been paid, they cannot be evicted.
Background
612 Ground 8 of Schedule 2 of the Housing Act 1988 requires a court to award possession if a tenant owes over 2 months’ rent at the time the landlord initiates possession proceedings and at the time of the court hearing. This change will protect benefit claimants who have met the mandatory ground only in the gap between their entitlement being established at the end of their assessment period and their benefits payment arriving. This may happen on a recurring basis if the timing of their payment does not align with the date rent is due.
More analysis from Nearly Legal now available.
https://nearlylegal.co.uk/2023/05/renters-reform-bill-overview-part-2/