The Government has issued a new consultation paper which could indicate the end of Assured Shorthold Tenancies (“ASTs”).

The paper asks for views on the impact of removing ASTs and whether they should be ended without tenant fault, whether the reforms should also affect the social sector, how the ‘Section 8’ (Schedule 2 Housing Act 1988) grounds should be reformed and how the court could be more efficient in considering possession under Section 8.

Some of the reforms look sensible, particularly the amendment to the mandatory unpaid rent ground of Section 8. This could be amended so that even if a tenant pays up before the hearing, if they have built up arrears and paid them back at least three times prior – the ground will still be mandatory. Also, there appears to be no mention of rent control, which means landlords should be able to adjust rent in line with market levels.

The changes will not be retrospective, so existing ASTs will still be able to use the Section 21 procedure which enables landlords to evict tenants at the end of a term.

There have been drastic changes to residential landlord and tenant law recently. If this affects you, it is important you know your rights. We advise on all aspects of any property disputes which may arise from the changes.