Landlords could potentially exploit an eviction loophole in the Renters’ Rights Bill

Landlords could potentially exploit an eviction loophole in the Renters’ Rights Bill

9:45 AM, 2nd April 2025, About 2 months ago 15

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A critical flaw may have been found in the Renters’ Rights Bill (RRB) which might allow landlords to circumvent the ban on no-fault evictions, one firm says.

The analysis by Inventory Base reveals that while the legislation will abolish Section 21 ‘no-fault’ evictions, landlords could exploit the issue of carrying out major property repairs.

Section 6B of the Bill, if enacted as drafted, would permit landlords to reclaim properties for substantial refurbishment.

This might seem justifiable since properties do require maintenance and landlords are facing the possibility of upgrading homes to meet the EPC C rating by 2030.

However, Inventory Base cautions that the Bill’s provision lacks clarity.

And without tight controls, it could become a pretext for evictions.

Section 6B could be sensible

The firm’s operations director, Siân Hemming-Metcalfe, said: “Section 6B could be a sensible reform – if it’s handled properly.

“But without clear definitions and proper oversight, it runs the risk of being misused, disputed or even ignored.

“The rental sector needs transparency, accountability and balance – and independently commissioned inventory reports can help deliver exactly that.”

She adds: “If landlords, tenants and local authorities all want a fair, functional system, evidence-backed documentation needs to be part of the equation.

“Otherwise, we’re looking at yet another policy change that creates more problems than it solves.”

What are ‘major works’

Essentially, the ambiguity surrounding what constitutes ‘major works’ poses another challenge.

That’s because the Bill fails to specify whether this includes comprehensive renovations, structural fixes or simpler upgrades like new kitchens.

This vagueness could trigger numerous disputes, overwhelming councils and courts as tenants contest the legitimacy of their removals.

The firm says that independent inventory reports could provide a solution for landlords by adding transparency and accountability.

These documents could verify a property’s condition before work begins, ensuring that claimed repairs are necessary rather than cosmetic.

Ongoing checks during projects would confirm that renovations are progressing as stated, preventing abuse of the system.

The firm found that in England and Wales in 2020, court bailiffs carried out 7,451 repossession orders, which climbed to 9,471 in 2021.

The figure surged to 19,651 in 2022 after pandemic restrictions eased, then escalated further to 25,282 in 2023 and 27,993 in 2024.


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Cider Drinker

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10:13 AM, 2nd April 2025, About 2 months ago

Can we please stop referring to to Section 21 as a ‘no fault’ eviction. It is no such thing.
Firstly, it is not an eviction notice. It is, essentially, a formal notice asking the tenant to leave. Only a judge can order an eviction.
Secondly, whilst it may be ‘no fault’ of the tenant, it could be issued for one of the grounds available under Section 8.Section 8 already contains grounds that are no fault of the tenant, such as repossession by the lender. The Renters Rights Bill proposes to add Ground 1A for when the landlord wishes to sell. This is probably the most common reason for a Section 21 although alleged antisocial behaviour, rent arrears and a tenant asking for a Section 21 to jump the Social Housing queue are also reasons why Section 21 is so popular. It’s also much easier and less stressful than Section 8.

TheMaluka

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10:45 AM, 2nd April 2025, About 2 months ago

Very useful to publically highlight a loophole that the government will soon close.

Reluctant Landlord

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10:49 AM, 2nd April 2025, About 2 months ago

be impossible to prove 'major works' required if it is due to MANDATED EPC upgrades. How the hell are you supposed to show comprehensive renovations are required to tick this box??

The EPC document will show that internal insulation is one of the methods to increase the EPC rating so showing a perfectly decorated external facing kitchen wall from the inside proves nothing.

Jeezz have these people nothing better to do. Leave the major works description in and let the tenant prove otherwise if they are contesting a possession claim on this ground.

Landlord101

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11:19 AM, 2nd April 2025, About 2 months ago

An inventory company saying that one part of the renters right bill is vague.

"The firm says that independent inventory reports could provide a solution for landlords by adding transparency and accountability."

Is this just an advertising article?

Seething Landlord

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11:38 AM, 2nd April 2025, About 2 months ago

"Can we please stop referring to to Section 21 as a ‘no fault’ eviction. It is no such thing."

You are preaching to the converted and banging your head against a brick wall will only give you a headache. That ship sailed years ago and even King Canute was not able to stop the incoming tide.

Reluctant Landlord

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11:50 AM, 2nd April 2025, About 2 months ago

read the post - it will be down to the TENANT to contest - not the LL who may use the clause.

Reluctant Landlord

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11:52 AM, 2nd April 2025, About 2 months ago

inventory reports are not a legal requirement so not something a judge could demand a LL produce.

Freda Blogs

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12:14 PM, 2nd April 2025, About 2 months ago

To do as they suggest, having an independent inventory co supervising and perhaps signing off works, is not a skill set possessed by inventory clerks to my knowledge. Further, who do they think would be appointing/ paying for this service (although I suspect we can guess the answer to this if ever it was to be introduced).

If looking for new business, I think they’ve done themselves a disservice, as their (typically) LL clients appointing them for their traditional inventory service will not appreciate this outfit’s ‘intervention’ in the legislative consideration, specifically counter to LL’s interest, so clients will go on to appoint another provider instead. Good shoot in foot.

Seething Landlord

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12:22 PM, 2nd April 2025, About 2 months ago

Reply to the comment left by Reluctant Landlord at 02/04/2025 - 11:50
Correct, but the landlord will have to produce sufficient evidence to satisfy the court that a possession order is justified on this or any other ground.

Judges commonly demand to see expert evidence in support of a claim.

Pre-action protocols will no doubt be revised to specify what is required before proceedings can be commenced.

moneymanager

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14:03 PM, 2nd April 2025, About 2 months ago

Reply to the comment left by Seething Landlord at 02/04/2025 - 11:38
King Canute didn't try to stem the incoming tide, he was trying to show his nobles the limits of the King's power

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