Taking Possession of Your Property

Earlier in the month, the Government announced its intention to abolish the section 21 possession procedure with the aim of providing tenants with increased security. The impact of the proposed changes will be to remove the landlord’s ability to terminate an Assured Shorthold Tenancy (AST) without a reason for requiring possession under section 21 of the Housing Act 1988. The Government’s intention is to leave section 8 of the Housing Act 1988, which requires landlords have a reason for seeking possession, as the only means by which landlords can obtain possession of a property let under an AST.

The Government proposes to extend the grounds for terminating a tenancy under section 8, which already includes rent arrears and breach of the tenancy agreement, to include cases where landlords want to take possession of their home so that they can sell it or move into it.

Details on the reforms are limited at present, however the Government will soon undertake a consultation on the proposed changes and further details should be announced after consideration of the consultation feedback. This will significantly impact landlord’s flexibility in taking possession of their property and may impact landlord’s willingness to let out their properties altogether.

We will be closely monitoring the Government’s consultation process and any resulting changes to the legislation, however, in the meantime, the section 21 route remains available. Should you have any queries in respect of taking possession of your property, please contact either Akanshi or Connor on 01702 352511.

Author: Akanshi Agrawal