The power balance between residential landlords and tenants has been the subject of a great deal of media and political scrutiny in recent times.  Last year, the previous Government announced a consultation with a view to abolishing the section 21 'no fault eviction' process. 

Although largely welcomed by tenants, this move has been criticised by many landlords, with some claiming that recent tax and regulatory changes have already shifted the balance in favour of tenants and that such a move could "close down" landlord rights leading to many leaving the market.  

We await a further announcement from the Government as to what form this proposal will take.  In the meantime, the section 21 process remains an option for landlords who have complied with their obligations.  

By way of reminder, landlords should carefully ensure (among other things) that (1) they do not take any fees which are prohibited by the Tenant Fees Act 2019, (2) any deposit taken is protected with an authorised scheme and the 'prescribed information' is provided to the tenant within 30 days of receipt, and (3) an EPC, Gas Safety Certificate, and the Government's 'How to Rent' Booklet is provided to the tenant before the tenant moves into the property.  

Failure to adhere to (some of) these requirements is not uncommon but could defeat a landlord's right to exercise the section 21 process.  Landlords should seek legal advice if they are unsure of their obligations.