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Landlords with fixed-term tenancies will continue to be able to issue section 21 eviction orders once the Tenants (Reform) Bill comes into force, according to analysis by lettings platform Goodlord and Dutton Gregory Solicitors. .
As detailed in the Bill, those with fixed term tenancies will be able to serve under Section 21 until the Government reviews the court system and reports to Parliament and then sets an “extended enforcement date”, which All new rules apply. to all tenants.
“This is a very serious matter,” said Ryan Heaven, deputy attorney for Dutton Gregory. “Many people place great emphasis on Michael Gove saying before the election that Section 21 would be ‘unlawful’, but a closer look at the bill shows that this is not what will actually happen. When election day comes, there will be some landlords in this country who will be able to file a Section 21 notice, even if others cannot.”
The prohibition in section 21 applies not only to new leases, but also to fixed-term tenancies that become recurring once the Bill comes into force.
Oli Sherlock, director of insurance at Goodlord, said: “As the bill stands, the apparent promise to delay the repeal of section 21 to allow for court reform appears to be not what it seems.” said.
“Instead, the market is experiencing a piecemeal process, with some tenants allowing Section 21 and others not, and where tenant renewals can fall into one camp or the other depending on how they are handled. Looks like it will be provided.
“This will all take place in parallel with the court investigation, but there is currently no confirmed timeline or identifiable indicators of success for the investigation.
“The deep irony here is that the very same courts will be dealing with an increasing number of cases arising from leases for which Article 21 has already been outlawed. That would be the worst outcome.”