A potential loophole in the proposed Renter’s Rights Bill, which aims to scrap Section 21 evictions, could enable landlords to evict tenants under the guise of having to conduct major maintenance work, fresh insight reveals.
Inventory Base has analysed data around landlord possession actions in England & Wales and found that the number of instances in which tenants are being forced out of their rented properties has increased sharply over recent years.
In 2020, court bailiffs executed 7,451 repossession orders, followed by 9,471 in 2021. But then, in 2022 when the eviction ban introduced during the pandemic was lifted, the number of repossessions soared to 19,651. The annual total jumped to 25,282 in 2023 and then 27,993 in 2024 (latest available data).
But while the government is keen to introduce a ban on Section 21 evictions, Inventory Base has highlighted a potential path to repossession that, in its current form, the Renter’s Rights Bill legislation leaves wide open to interpretation.
Is Section 6B a backdoor eviction route?
If Section 6B of the Renters’ Rights Bill goes through as planned, landlords could have a new route to regain possession when major works are required. On paper, that sounds reasonable. Properties need maintenance, and in some cases, significant work simply can’t be done with tenants in place especially if they are urgently required under an improvement notice.
But here’s the problem: unless it’s watertight, this could become a backdoor eviction route – one that’s wide open for misuse. And with Section 21 on its way out, it’s not hard to see how this could be weaponised by unscrupulous landlords looking for an easier way to remove tenants.
The Unintended Consequences
1. A Convenient Excuse for Evictions
- With Section 21 gone, landlords will need legitimate reasons to regain possession. This new rule could be misused as an easy workaround – claim major works are needed, evict the tenants, then quietly re-let the property once they’re out. If there’s no proper oversight, how do we ensure that the work is actually necessary?
2. What Even Counts as ‘Major Works’?
- The bill is vague on what qualifies as “substantial redevelopment.” Are we talking full-scale refurbishments, structural repairs, or just a new kitchen? Without a clear definition, expect disputes – lots of them. Councils and courts could be swamped with cases where tenants challenge whether they were really forced out for genuine works.
3. More Pressure on an Already Broken System
- If tenants are pushed out, where do they go? With social housing at capacity and rental prices climbing, many could find themselves in serious difficulty. Local authorities, already stretched, might struggle to rehouse people caught in the fallout. If this isn’t managed properly, it risks adding fuel to an already burning housing crisis.
4. Empty Properties, Stalled Projects
- Let’s not forget the landlords could be responding to an improvement notice or genuinely want to redevelop but have hit financial or planning roadblocks. If work stalls, properties could sit empty for months – or longer – while we have a critical shortage of rental homes. The knock-on effect? Even less housing stock and even higher rents.
Where Inventory Report Providers Fit In?
This is where independent inventory reports come into play. They offer a layer of accountability that could stop Section 6B from being exploited and ensure it works as intended.
1. Documenting the ‘Before’ State
- A pre-works inventory provides undeniable evidence of the property’s condition. If a landlord says redevelopment is unavoidable, a report can confirm whether that’s true or whether a bit of paint and TLC would have done the job.
2. Keeping Tabs on Work in Progress
- If a landlord claims the property needs to be empty for essential works, there should be proof that those works are actually happening. Mid-redevelopment inspections can track progress and prevent landlords from using Section 6B as an excuse to remove tenants and then sit on an empty property.
3. Certifying When It’s Ready to Re-Let
- Once the works are completed, a final inspection can confirm the property is habitable again – preventing unnecessary delays in re-letting. This helps ensure homes aren’t left vacant longer than needed.
4. Protecting Tenants from Unfair Deposit Claims
- When tenants are forced to move, a proper check-out report safeguards them from unfair deductions. It ensures they don’t get blamed for damage caused by the works—or for issues that existed long before they moved in.
5. Supporting Local Authorities in Enforcement
- Local councils will be responsible for making sure landlords don’t misuse Section 6B. Requiring independent inventory reports as part of the process would add a much-needed layer of oversight, helping authorities determine whether eviction claims are legitimate.
Siân Hemming-Metcalfe, operations director at Inventory Base, commented: “Section 6B could be a sensible reform – if it’s handled properly. But without clear definitions and proper oversight, it runs the risk of being misused, disputed, or even ignored. The rental sector needs transparency, accountability, and balance – and independently commissioned inventory reports can help deliver exactly that.
“If landlords, tenants, and local authorities all want a fair, functional system, evidence-backed documentation needs to be part of the equation. Otherwise, we’re looking at yet another policy change that creates more problems than it solves.”
Read the orginal article: https://propertyindustryeye.com/significant-loophole-in-renters-rights-bill-could-enable-landlords-to-evict-tenants/
