Labour abolishing Section 21 from day one?

Labour abolishing Section 21 from day one?

by Readers Question

Guest Author

9:21 AM, 17th June 2024, About 2 weeks ago 26

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“Abolish Section 21 from day one” I’m assuming Labour would use ‘COVID style special powers’ to do this, as primary legislation would take us into next year.

Question – would abolishing, include cases where the S21 legal process has already been started? I imagine some of these will have been running for over a year, where the Landlord could have spent a fortune in legal costs.

What about where a court has granted possession under the current S21 law, but bailiffs have not evicted – would those be overturned?

I was no fan of the Tory’s Renters Reform Bill, but at least it clarified various grounds for eviction BEFORE S21 was removed.

To simply remove S21 without any other changes will lead to a long period of uncertainty until Labour’s new Rental Act becomes law.

John


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Comments

DPT

10:49 AM, 23rd June 2024, About 2 weeks ago

The covid legislation was for a declared health emergency and covered all evictions, not just s21. It seems very unlikely that all evictions would be banned, even temporarily as it would be too open to legal challenge. I think that they will probably start developing a specific bill to ban s21 from day 1 and abandon the summer recess to develop it quickly. However, the Tories still have a majority in the Lords and I assume they'd vote against it to delay its passing. I'd say its likeky to be October before they can truly ban s21.

Jon Landlord

14:55 PM, 23rd June 2024, About A week ago

Reply to the comment left by DPT at 23/06/2024 - 10:49
While the Conservatives are the largest party in the Lords, they are well short of a majority (currently 275 out of 784 seats).

In any case, while the Lords normally take their time with non-emergency legislation, the Salisbury Convention suggests that they won't block it.

https://en.wikipedia.org/wiki/Salisbury_Convention

Jon Landlord

15:11 PM, 23rd June 2024, About A week ago

Reply to the comment left by Carchester at 22/06/2024 - 08:49In the interests of nitpicking:
Carchester said: "The Housing Act 1988 is not what is known as an "enabling Act" and has no provisions within it to make primary or secondary legislation"
Acts of Parliament are primary legislation by definition, so it's not meaningful to state that an Act has a provision for making primary legislation, since Parliament always has that power anyway. Acts can delegate powers, including law-making powers, but those powers are secondary legislation by definition.
Meanwhile, the Housing Act 1988 has many provisions for making secondary legislation, including specifying the forms required for section 8 and 21 notices, additional requirements for s21 notices, regulations relating to prescribed information, and many, many other matters.
Having said all that: your main point - that a new government can't abolish section 21 evictions on day 1 - is correct, because the HA does not delegate any powers that could achieve this, so a new Act is required.

Carchester

15:24 PM, 23rd June 2024, About A week ago

So let us have the SI Numbers for the Regulations made pursuant to the Housing Act 1988

Carchester.

David Houghton

17:55 PM, 23rd June 2024, About A week ago

Reply to the comment left by Carchester at 23/06/2024 - 15:24
Legislation.gov.uk

Jon Landlord

18:15 PM, 23rd June 2024, About A week ago

Reply to the comment left by Carchester at 23/06/2024 - 15:24
There are many. For example:

The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) Regulations 2019 - https://www.legislation.gov.uk/uksi/2019/915/

The Assured Tenancies (Amendment)(England) Order 2010 - https://www.legislation.gov.uk/uksi/2010/908/

The Rent Officers (Additional Functions) (Amendment) Order 1994 - https://www.legislation.gov.uk/uksi/1994/568/

The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 - https://www.legislation.gov.uk/uksi/2015/1646/

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