Renters’ Rights Bill amendments clash over Section 21

Renters’ Rights Bill amendments clash over Section 21

Man holding Big Issue magazine in front of Houses of Parliament with Renters Rights Bill text.
12:04 AM, 3rd March 2025, 1 year ago 10

Members of the House of Lords have proposed several amendments to the Renters’ Rights Bill.

Founder of the Big Issue, Lord John Bird, wants the Labour government to abolish Section 21 ‘no-fault evictions’ as soon as the Bill becomes law.

However, other members of the House of Lords have tabled amendments which could allow smaller landlords to still issue Section 21 notices.

Section 21 undermines tenants

Lord Bird has tabled four amendments to the Renters’ Rights Bill which would bring the “majority of the Act into force on the day that it passes, with the exception of some areas where regulations or consultation are needed”.

Lord Bird claims Section 21 no-fault eviction “undermines tenants, regardless of whether the landlord has any intention of using them.”

This is despite the fact that the English Housing Survey Private Rented Sector report for 2021-2022 reveals the majority of renters (77%) ended their last tenancy because they wanted to move, not due to eviction.

Lord Bird told the Big Issue: “Section 21s undermine the security of all tenants living in private accommodation – regardless of whether their landlord has any intention of using them. Too many tenants hit by these evictions end up homeless, adding to this country’s spiralling homelessness crisis and increasing the pressure on local councils and public finances.

“Renters have waited too long for Westminster to come good on the promises of successive governments to end no-fault evictions. The Renters Rights’ Bill must be passed and implemented by the summer, as the government have promised, so this time next year, no renter will live in fear of this sword of Damocles hanging over their heads.”

Allow smaller landlords to issue Section 21

Other amendments in the Renters’ Rights Bill include still allowing smaller landlords to issue Section 21 notices.

Baroness Scott of Bybrook’s amendment would let landlords with fewer than five properties keep the right to use Section 21.

She says many smaller landlords simply can’t afford the legal costs to handle the lengthy wait times in the courts.

Baroness Scott has also proposed an amendment to challenge Lord Bird and delay the abolition of Section 21 until the Lord Chancellor publishes an assessment of the possession process and the Secretary of State is satisfied that the courts have enough capacity to handle possession cases.

At the moment, the backlog of possession cases in the courts is causing chaos with many landlords having to wait more than six months to take back their properties.

Keep fixed-term tenancies

Other amendments in the Renters’ Rights Bill include retaining fixed-term tenancies if both the landlord and tenant agree.

Baroness Bybrook proposes an amendment to allow student tenancies to remain as fixed-term tenancies, which she says will provide the certainty that both student tenants and student landlords need.

Allison Thompson, National Lettings Managing Director, of Leaders Romans Group (LRG), praised the amendments by Baroness Bybrook.

She said:The amendments proposed in the House of Lords mark a significant and positive step forward for the Renters (Rights) Bill. After much industry concern and sustained lobbying — particularly from our partners at the NRLA — this is fantastic news.

“It is crucial that these amendments are properly considered to ensure the Bill strikes the right balance between tenant protections and the continued viability of the private rented sector. Retaining fixed-term tenancies, rent increases to be index- linked, ensuring student lets remain workable, and delaying the removal of Section 21 until court capacity is reviewed are all thoughtful and much-needed suggestions.

“We welcome the commitment to assessing judicial capacity, as well as the recognition that small landlords—who make up a substantial portion of the sector—need a fair system that allows them to manage their properties effectively.

“Now, it’s vital that these amendments are given the attention they deserve. A well-functioning rental market relies on fairness for both tenants and landlords, and these proposed changes help move us towards a more balanced and workable framework.”

The full list of amendments can be seen here.


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Comments

  • Member Since January 2015 - Comments: 1442 - Articles: 1

    10:52 AM, 3rd March 2025, About 1 year ago

    All those courses run by the NLRA and others were rather premature me thinks. But then a good money earner or am I just cynical, lol.

  • Member Since May 2015 - Comments: 2197 - Articles: 2

    10:54 AM, 3rd March 2025, About 1 year ago

    Section 21 is often used to evict tenants with antisocial behaviour problems. If a person cannot behave reasonably towards his fellow citizens then homelessness is often the only option.

  • Member Since February 2025 - Comments: 69

    11:00 AM, 3rd March 2025, About 1 year ago

    I’m afraid the Government will railroad over these fantastic calls to sanity, just as they did with the amendments requested in the Commons. But maybe the House of Lords can prevail and demonstrate that it still has a vital role in questioning political measures that are well intentioned but badly thought through. I haven’t been able to get the Ministry of Housing etc to admit it is aware of the Law Commission Report of 2006 (presumably commissioned by the Labour Government) and the experience in Wales.

  • Member Since April 2018 - Comments: 373

    11:33 AM, 3rd March 2025, About 1 year ago

    Worth checking Wikipedia for the low down on Baron John Bird, especially his quotes.I am sure he means well but many small landlords have also lifted themselves out of poverty and he should recognise this.

  • Member Since August 2022 - Comments: 100

    12:06 PM, 3rd March 2025, About 1 year ago

    Baroness Bybrook’s amendments to S21 for small landlords indirecty acknowledge 2 things:

    1. The courts can’t manage now let alone with the extra workload
    2. S21 is issued for a good reason.

    Is it so difficult to acknoweldge both probelms openly and transparently before we steamroller ahead with the RRB?

  • Member Since October 2024 - Comments: 194

    3:00 PM, 3rd March 2025, About 1 year ago

    S21 can also be used when the tenants is manipulative and only allow increase of 50 to 100 pounds a year, so after 3 years the increase is only 10% and service charges get increased for the landlords at 11 to 15% each year, so after 3 years the service charges are over 30% more. Meanwhile the landlord continues the pay for maintenance but not for broken furniture. The tenants don’t wish to pay for breaking a side board cabinet or a panel of the oven. Oven works fine but they have sellotaped a panel. Landlords don’t wish to have further breakages. Also there are other serious matters like expensive curtains gone and flimsy, transparent curtains in its place for ceiling to floor windows/curtains. Enough is enough. S21 given with 3 months 3 weeks notice to leave at the end of May, so it can be rented out for the market rent of £650 more pe month. They have a use of swimming pool, all leisure facilities for free. They still insist they can increase the rent by £50 per month and continue to stay. So I shall be sending a formal S13 to increase the rent as per market rent and all breakages to be fixed.

  • Member Since November 2019 - Comments: 153

    6:03 PM, 3rd March 2025, About 1 year ago

    They forget that we are not Social Housing. We are private citizens.
    If the bad tenants are evicted , then hopefully good tenants will replace them.
    However if ten of thousands of Landlords sell up. The properties will still be occupied but by owners.

    Before the Government started there attacks on private landlords everything was was working well.

  • Member Since December 2024 - Comments: 62

    6:07 PM, 3rd March 2025, About 1 year ago

    These amendments by their lordships are very sensible. Much more so than anything we have heard in the Commons.
    It has always struck me as odd that the Government wants to ensure continuity and security of tenure for tenants, but then proposes periodic tenancies from day one.
    It is also clearly mad to introduce a beefed up version of S8 if the courts can’t handle the current workload.
    I might just add that young people are leaving this country because so much of it simply doesn’t work. The courts, legal system generally, HMRC, HMLR are all dysfunctional.
    If working age people need to move around the country as part of a free labour market, how is that going to work if there are no rental properties because landlords have sold up?
    Do Shelter and others realise how much damage their lobbying does to the economy?

  • Member Since October 2020 - Comments: 1168

    11:26 AM, 5th March 2025, About 1 year ago

    S21 notices are limited to ASTs and ASTs are being abolished so I don’t see how s21 can be retained in any form.

  • Member Since June 2018 - Comments: 17

    9:20 AM, 8th March 2025, About 1 year ago

    I thought the amendments were, on the whole, helpful.
    My main concern, however, is that protection offered by guarantors, rent guarantee insurance and advance rent are going to be an either/or option, so tenants could move in having paid nothing up front, with guarantors being limited to an equivalent of 6months rent.
    Without the full guarantor, I will have to severely restrict any properties I have left.
    This does not take into account the long court delays, or cost of significant repairs.
    My other issue, is in payments made direct to landlords by the DWP. They can reclaim from the landlord any benefit paid in error (such as when the tenant failed to report a working partner living in). I learned this to my cost, when 8 months housing costs were reclaimed from me, not the tenant, after he boyfriend moved in.

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