Angela Rayner’s resignation: What next for the Renters’ Rights Bill and Section 21?

The resignation of Angela Rayner as Deputy Prime Minister and Secretary of State for Housing, Communities and Local Government has inevitably cast fresh uncertainty over the future of the Government’s flagship Renters’ Rights Bill. Central to that Bill, of course, is the long-promised abolition of section 21 Housing Act 1988 “no fault” evictions.

A big question on the minds of Landlords and Lettings Agents across England today will be, what happens next – given the Minister’s unceremonious departure at such a vital point?

Political will and timetable

Angela Rayner had been one of the principal champions of renters’ reform, both within Government and previously within Opposition. Her departure raises two immediate questions. First, whether her successor will have the same political will to press ahead with section 21 abolition, in the face of sustained lobbying from landlord groups and warnings from the legal profession about the readiness of the court system. Secondly, the issue of timing. Even before this resignation, the parliamentary timetable for major housing reform was already rather tight. Any loss of momentum could see section 21 reform pushed into the medium, or even long, grass.

The Courts: A creaking system

The debate cannot be separated from the reality of the County Court system, which is already under considerable strain. A recent parliamentary report highlighted significant backlogs in possession claims, with delays causing real hardship for both landlords and tenants. Against that backdrop, there is increasing speculation that the Bill could be passed into law with the formal abolition of section 21 “shelved” until the courts are reformed and the system is better equipped to deal with an anticipated rise in defended claims.

Political optics

That said, political realities may yet drive the opposite outcome. In the wake of a high-profile resignation, Governments often look for policies that can reset the narrative – something with Angela Rayner has sought to do already within her resignation letter itself. Announcing the end of section 21 could provide exactly that opportunity: a symbolic win for tenants and a means of diverting attention from internal upheaval, and pushing the incident under the Government’s ever-bulging carpet.

Where does this leave landlords and tenants?

For practitioners, landlords, and tenants alike, the result is continued uncertainty. Landlords need to consider now how they will manage tenancies in a post-section 21 landscape, even if abolition is delayed. Tenants must be alive to the possibility that, despite promises of reform, “no fault” evictions could remain part of the system for longer than expected.

Conclusion

The abolition of section 21 still appears inevitable – the only questions are when it will happen, and in what form. Much will depend on whether the incoming Housing Secretary has the political will to prioritise the reform, and whether the County Court system can be made fit for purpose in time. Until then, landlords and tenants alike are left in a holding pattern, with clarity still desperately needed.

How can Ellis Jones help?

Our Dispute Resolution experts at Ellis Jones are regularly instructed to deal with and advise upon issues relating to Residential Possession and Landlord & Tenant matters. For advice and assistance, please get in touch with our experts on 01202 525333 or by emailing resolution@ellisjones.co.uk if you have any queries relating to this article.