Today is the 30^th anniversary of the Housing Act 1988 receiving Royal Assent and becoming law. The Act introduced the assured shorthold tenancy, and, with it, Section 21, the ability for landlords to evict without needing a reason.

As part of the End Unfair Evictions campaign we are calling for Section 21 to be scrapped, and demanded this in our response to the government’s recent consultation on longer tenancies. In our response we also set out how the private rental market should work once Section 21 is history.

Right to Buy was electoral gold dust to the Conservatives back in the 1980s, but since council homes were sold off unreplaced, and the social housing sector dwindled, it has lost its lustre. With housing policy the key to winning over today’s 18 to, er, 45 year olds, it’s no wonder some in the party have taken up alchemy.

Onward, a think tank peopled by former government advisers, thinks it has the answer, which is about as close to Right to Buy for private tenants as we’re likely to get. Because the property is not the state’s to sell, it’s merely Chance to Buy.

At the Labour party conference this week, delegates adopted a motion to (among other things) "Help private renters with an end to ‘no fault’ evictions, controls on rents and new minimum standards, including three year tenancies as standard." 

The BBC reported on this commitment, but beyond the wording of this motion and John Healey's speech, we haven't had any more detail of what this would entail. 

Luckily, Sadiq Khan has obliged. While the Mayor of London is not a member of the Shadow Cabinet, last week's publication of his response to the government's consultation on longer tenancies revealed that he is calling for much the same thing, plus some more idea of what it might look like in practice.

We kind of knew this already, but Labour is officially backing our campaign to end Section 21 and will scrap landlords' ability to evict tenants without giving a reason. It was reported by the BBC this morning, was part of the shadow Housing Secretary John Healey's speech in the conference centre, and then a motion on housing that included it was passed.

This follows members of the End Unfair Evictions doing a lot of work behind the scenes to successfully get local Labour parties to support the motion.

An even bigger piece of news was a £20m pot to jumpstart tenants' unions in the UK, reported by the Independent. 

On Wednesday, the Sun reported that 10 Downing Street and the Treasury are blocking moves to legislate for longer tenancies.

Although the recently closed consultation left open the question of making the new tenancy mandatory or voluntary, the same newspaper had previously reported that the Housing Secretary, James Brokenshire, wanted all tenants to get it.

That sets up a big internal government battle over tenants' rights as the Conservative Party worries more and more about winning over younger voters. 

As the consultation period on the government's proposals for longer tenancies draws to a close - the deadline to respond is this Sunday - we are handing in our End Unfair Evictions petition to the Ministry of Housing today. It passed 50,000 signatures on Tuesday, helped along by #VentYourRent.

And if that wasn't enough to make the government pay attention, new polling from Survation finds that our demands have the backing of the wider public, including Conservative voters.

Section 21 is the leading cause of statutory homelessness. This law allows evictions with no reason needed, and this is one more reason why we should scrap it.

To some extent, this is stating the bleeding obvious. Since 2012, the end of a private tenancy has been the leading cause of homelessness cases accepted by local authorities, but until now no one has specifically pointed the finger at Section 21. Today, we've been able to demonstrate it.

Source: Ministry of Housing

The following organisations support the abolition of section 21 no-fault evictions:

Organisations fighting poverty and homelessness:

Salvation Army UK

Tweeted backing campaign in July 2018:

Great to see @LondonAssembly backing @genrentuk's campaign to end no fault evictions, which currently represents one of the biggest causes of homelessness across the country. #endsection21

Crisis

“In England and Wales, the combination of reliance on short fixed-term tenancies and rising rents has made more people homeless through tenancies ending. So, while private rented tenancies often provide homeless people with settled accommodation for a period of time, they can also be the cause of repeat homelessness. … To improve security of tenure the Westminster and Welsh Governments should introduce a new standard private rented tenancy. There should be limits on annual rent increases (see the following recommendation) and an open-ended period where the landlord could only give notice by using specified grounds. … Open-ended or longer-term tenancies are particularly important for homeless people who need stability to help them rebuild their lives”.

‘Everybody In: How to End Homelessness in Great Britain’ (June 2018)

Zacchaeus 2000 Trust

Tweeted support:

We help people on low incomes fight unfair evictions and find secure rented accommodation, so we're joining @genrentuk's call for Govt to #endsection21.

Centrepoint

The MHCLG should legislate to improve security of tenure and standards in the private rented sector, through ending no-fault evictions and introducing three year tenancies as standard.

'Ready to Move On: Barriers to homeless young people accessing longer-term accommodation' (October 2018)

Organisations advocating for older people:

Independent Age

Argues that “Section 21 notices (where tenants with shorthold tenancy leases can  be evicted without ground or reason) should be abolished”(‘Unsuitable, insecure  and substandard homes: The barriers faced by  older private renters’, March 2018). Quotes an older renter:

“The worry is the rent going up and when they’re going to chuck you out... that is the most worrying bit…  All I want to do is live the rest of my days comfortably and peacefully.  I’ve got a nice flat, nice garden… You keep moving around, and at my age I don’t fancy it much.”

London Age UK

Recommends “Abolishing Section 21 notices whereby AST tenants can be evicted without reason”(‘“Living in Fear” – experiences of older private renters in London’, September 2017). Their research found that, for older renters, “the prospect of a Section 21 ‘no fault’ eviction was a constant threat hanging over their heads”. Due to:

“fear of eviction, many [older] AST tenants were reluctant to contact their landlord about essential repairs and maintenance. They reported that they would rather take a financial hit or live in substandard accommodation than ‘raise their head above the parapet’.”

Medact

Organisations advocating for children:

Children England

Published an August 2018 blog post arguing:

children in families renting privately do not have their rights to home and community met, as do their peers whose parents own their home. These children miss out on the wealth of benefits that secure housing delivers for a child’s development and life chances because we currently privilege a landlord’s right to evict over a family’s right to a home. It’s time to change this. That’s why Children England supports the campaign to End Unfair Evictions and abolish Section 21.

'End unfair evictions so children in private renting families can benefit from secure homes', 16.8.18

Human rights organisations and law centres:

Greater Manchester Law Centre

Argue in a August 2018 piece: 

The right to decent housing is a basic human right. Far from guaranteeing such a right, UK law seems designed to obviate it. The absence of rent controls, the unfettered use of property for the purpose of financial speculation by investors, the removal of the powers and the finance for local authorities to build the housing their communities need – all are examples of this.

Section 21 of the Housing Act 1988 is a particularly vicious demonstration of the point. It allows a landlord to evict a tenant without any requirement to specify or prove a reasonable ground for repossession – or, indeed, any ground at all. This unilateral and unrestrained power creates insecurity and a real risk of homelessness for blameless tenants who dare to complain about unacceptable living conditions or unfair rent rises.

'Sign the petition today to end ‘no fault’ evictions', 20.8.18

Just Fair

State on their website:

We are part of #EndSection21 campaign to demand the abolishment of no-fault evictions of Section 21, which are contrary to the right to adequate housing.

Newspapers:

The Times

Argues in a June 2018 leader that:

the government should legislate to abolish Section 21 evictions. Scotland already has, introducing a system that allows landlords to evict tenants on the basis of 18 reasonable grounds. For instance, if the owners want to live in the property, or if the tenant has been engaging in antisocial behaviour. This is a more sensible and balanced system.

‘Let Off’, The Times, 16.6.18

Political parties / bodies:

The Labour Party

Responding to (July 2018) government proposals for three-year tenancies, shadow housing secretary John Healey said:

“Any fresh help for renters is welcome, but this latest promise is meaningless if landlords can still force tenants out by hiking up the rent.

That’s why Labour’s new rights for renters includes controls on rents as well as an end to no-fault evictions and protection against substandard rented homes.”

‘Landlords react with fury to three-year tenancy plan’, The Guardian, 1.7.18

Labour Party leader Jeremy Corbyn had previously pledged “to scrap 'no fault' evictions to tip housing rules back in favour of renters”, in a December 2017 interview with The Independent. He commented:

At the moment we have a largely deregulated private rented sector in Britain and people can be evicted or have their tenancy terminated at the end of six months for no reason whatsoever.

The stress levels on people concerned is incredible. I get it all the time from constituents because a third of my constituents are private renters. I am very determined to bring some order and stability to their lives by longer tenancies and eviction that can only be there for good reason rather than just what can be retaliatory eviction.

Arguing that ‘Labour should promise to scrap Section 21 evictions’ (Labour List, 25.5.18), Shelly Asquith noted:

Our housing pledges at the last general election focussed on those more home-secure voters less likely to back Labour, as well as the traditional core vote that had previously flirted with UKIP. But if Labour wants to give all workers job security from day one, why not tenants, too? Being sacked and being evicted are both incredibly disruptive life experiences, and both policies would shift significant power in society into the hands of ordinary working people.

The Green Party

Recommends:

“A move away from short-term tenancies towards the right for renters to stay in their home so long as they pay their rent and abide by their contract, unless landlords move in or sell the property. This would start with the abolition of the ability for landlords to issue ‘no-fault’ eviction notices, bringing us in line with most other European countries.”

‘Britain’s broken housing market: lessons we could learn from other EU Countries’, (February 2018) by Tom Chance for Greens in the European Parliament

London Assembly

Passed a motion in July 2018 stating:

This Assembly welcomes the campaign to end section 21 – the clause of the Housing Act 1988 that allows private landlords to evict tenants without reason.

We acknowledge that the threat of a no-fault eviction causes insecurity and stress for Londoners who rent privately and can discourage tenants from complaining about substandard housing.

We welcome the action taken by the Scottish government to restrict no-fault evictions.

We urge the Mayor to state his backing for the campaign to abolish section 21 of the Housing Act 1988 and to lobby government for this change in the law.

Sian Berry AM, who proposed the motion said:

“Having to move at short notice is one of the worst parts of being a private renter and ending section 21 would make a dramatic difference and solve this problem – it would also align our policies with other countries.”

Tom Copley AM, who seconded the motion said:

"It is unacceptable that landlords can use section 21 to evict tenants for no reason. Private tenants deserve security to protect them from arbitrary or revenge eviction, the fear of which makes tenants reluctant to come forward to complain about substandard housing.”

‘Stop landlords evicting tenants without reason’, London Assembly, 5.7.18

Think-tanks:

Civitas

Recommends the government:

“Introduce indefinite leases as the norm… Tenants should ordinarily be allowed to remain in the property (subject to observing the terms of the lease) for as long as they wish, enabling them to make a home of their rented accommodation. This would give them the security of tenure that is found in the owner-occupied sector from which many are increasingly shut out. The evidence from overseas is that indefinite tenancies are not antithetical to a well-functioning private rented sector, as long as investors – and mortgage lenders – recognise the need to take a long-term approach to their business”.

‘The Future of Private Renting Shaping a fairer market for tenants and taxpayers’, by Daniel Bentley, Jan 2015

Resolution Foundation

Lists options for improving renter security including “Introduce indeterminate tenancies as the sole form of private rental contract available in England and Wales, following Scotland’s lead” (‘Home improvements: action to address the housing challenges faced by young people’, April 2018):

“Private renters have significantly more security of tenure than in England and Wales in almost all comparable countries … landlords have legitimate concerns about longer tenancies, but these pale in comparison with the needs of renters. … when viewed through an intergenerational lens, it is difficult to see why, on balance, the relatively minor problems that greater security of tenure could represent for a small proportion of landlords should prevail over the growing need of private renters to create a stable home. Given that efforts to encourage landlords to offer longer leases voluntarily have proved ineffectual to date, stronger action is needed if risk in the PRS is to be substantially reduced.”

It is less than a month since we launched our joint campaign - with ACORN, the New Economics Foundation and the London Renters Union - to end section 21 no-fault evictions, and we've already had some major successes. 

Here are four things we can celebrate already.

This motion can be adapted for use at meetings of political party or union branches. 

A version of this motion has been passed by the following organisations (please contact us if your branch passes this motion so that we can update the list!):

- Lewisham Borough Council (28.11.18)

- Southwark Borough Council (28.11.18)

- Brent Borough Council (26.11.18)

- Cambridge City Council (18.10.18)

- Croydon Borough Council (8.10.18)

- London Assembly (proposed by Sian Berry, Green Party, and Tom Copley, Labour Party, 5.7.2018)

- Hackney South Constituency Labour Party (11.9.18)

- Leyton and Wanstead Constituency Labour Party (12.9.18)

- Walthamstow West branch Labour Party (9.7.2018)

- Mildmay branch Labour Party, Islington North (August 2018)

- Forest branch Labour Party, Leyton and Wanstead (3.9.2018)

- Dudden Hill branch Labour Party, Brent Central (6.9.18)

- Leyton branch Labour Party, Leyton and Wanstead (10.9.18)

- Leytonstone branch Labour party, Leyton and Wanstead (10.9.18)

- Grove Green branch Labour party, Leyton and Wanstead (10.9.18)

Contemporary motion for 2018 Labour Party conference

Abolish no-fault evictions, the leading cause of homelessness

Conference notes:

• That most of England’s 11 million renters are on tenancies with fixed terms of six months or a year; after this period has ended, landlords can evict their tenants with just two months’ notice, without giving them a reason. These ‘no fault evictions’ were introduced under Section 21 of the 1988 Housing Act; before this, renters had much greater security and it was difficult for landlords to evict tenants who paid the rent on time and looked after the property.
• That on Sunday August 19th, The Observer published research by campaign group Generation Rent showing that Section 21 evictions are now the single biggest cause of homelessness in England.
• In Germany, the Netherlands and Sweden (among other countries), tenancies are indefinite, meaning blameless tenants cannot be evicted from their homes.
• In 2017, the Scottish government made tenancies indefinite and banned no-fault evictions under the terms of the Private Housing (Tenancies) (Scotland) Act 2016.

Conference believes:

• Mass homelessness is a national disgrace, and removing its leading causes should be a priority for an incoming Labour government.
• Alongside tackling homelessness, abolishing Section 21 no-fault evictions would help to make renting more secure, improve standards and increase tenant confidence.

We resolve:

• To work with the Unfair Evictions Campaign led by Generation Rent, the New Economics Foundation, ACORN and the London Renters Union.
• That the next Labour government should abolish Section 21 no-fault evictions.

(232 words)

Ordinary motion for party or union branches

End unfair evictions - abolish Section 21 of 1988 Housing Act

This branch notes:

- Due to high house prices and the lack of sufficient social housing, the proportion of people renting privately has doubled since 2004; half of 18-35s, 1 in 4 families with children, and growing numbers of older people now live in privately rented homes[1].

- Most of England’s 11 million renters are on tenancies with fixed terms of six months or a year; after this period has ended, landlords can evict their tenants with just two months’ notice, without giving them a reason. These ‘no fault evictions’ were introduced under section 21 of the 1988 Housing Act; before this, renters had much greater security and it was difficult for landlords to evict tenants who paid the rent on time and looked after the property.

- Evictions are the number one cause of homelessness[2]. 80% of evictions are on no-fault grounds[3], and 63% of private renters who were forced to move in 2016 were evicted not due to any fault of their own but because the landlord wanted to sell or use the property[4].

- Insecurity harms quality of life for tenants, with private renters less likely than either owners or people in council housing to say they know lots of people in their local area, but more worried that they will have to move within the next year. The threat of being evicted also gives landlords huge power over tenants, who may decide not to complain about disrepair, big rent increases or other problems in case they are kicked out[5].

- In Germany, the Netherlands and Sweden (among other countries), tenancies are indefinite, meaning blameless tenants cannot be evicted from their homes.[6]

- In 2017, the Scottish government made tenancies indefinite and banned no-fault evictions under the terms of the Private Housing (Tenancies) (Scotland) Act 2016[7].

- The End Unfair Evictions campaign run by Generation Rent, Acorn, the New Economics Foundation and the London Renters Union, and launched in June 2018.

- Along with the nearly 50000 people who had, by mid-July 2018, signed the 38 Degrees petition[8] to abolish section 21, a growing number of groups and individuals support abolition, including Labour Party leader Jeremy Corbyn[9], the Times newspaper[10], the London Assembly[11], the Resolution Foundation[12] and Age UK[13].

This branch believes:

- Abolishing section 21 would help to make renting more secure, improve standards, increase tenant confidence and ultimately contribute towards making renting a viable long-term alternative to home ownership or social rent for the millions who currently cannot access either.

- Since insecure tenancies make it difficult for renters to complain and organise for their rights, removing section 21 would make it easier for new renter unions like the London Renters Union and ACORN to organise to defend their members.

This branch resolves to:

- Work with the Unfair Evictions Campaign led by Generation Rent, the New Economics Foundation, ACORN and the London Renters Union, including by publicising campaign events and activities as appropriate.

- Share the End Unfair Evictions petition and campaign video on social media channels and via email.

- Call on the member of parliament / union regional officer, to publicly state his/her support for the abolition of section 21.

- Call on the party / union leadership to make abolition of section 21 a manifesto / policy commitment.

[1] English Housing Survey 2016-17

[2] ‘Record numbers left homeless after eviction by private landlords in England’, The Guardian, 28.9.16

[3] ‘How eviction leads to homelessness: “My youngest child doesn’t know what a home is”’, The Guardian, 8.1.18

[4] ‘The state of private renting’, Inside Housing, 2.8.17

[5] ‘Insecure tenancies drag down quality of life’, Generation Rent, 3.11.17

[6] ‘Home Improvements’, The Resolution Foundation, 2018

[7] ‘Private Housing (Tenancies) (Scotland) Act 2016’, legislation.gov.uk: http://www.legislation.gov.uk/asp/2016/19/contents/enacted 

[8] ‘End Unfair Evictions’, 38 Degrees, https://you.38degrees.org.uk/petitions/end-unfair-evictions-abolish-section-21

[9] ‘Jeremy Corbyn pledges to scrap 'no fault' evictions to tip housing rules back in favour of renters’, The Independent, 27.11.17

[10] ‘Let Off”, The Times, 16.6.18: https://www.thetimes.co.uk/article/let-off-s8h7gb5h6

[11] ‘Stop landlords evicting tenants without reason’, London Assembly, 5.7.18: https://www.london.gov.uk/press-releases/assembly/stop-landlords-evicting-tenants-without-reason

[12] ‘Home improvements: action to address the housing challenges faced by young people’, The Resolution Foundation, 17.4.18: https://www.resolutionfoundation.org/publications/home-improvements-action-to-address-the-housing-challenges-faced-by-young-people/

[13] ‘”Living in Fear” – experiences of older private renters in London’, London Age UK, September 2017: https://www.ageuk.org.uk/bp-assets/globalassets/london/documents/older-private-renters/living-in-fear.pdf