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Law Society calls for legal aid investment as no-fault evictions by bailiffs rise 23% in a year
The Law Society of England and Wales has called for immediate investment in the justice system after the latest government figures revealed an annual rise in no-fault evictions by bailiffs.
The data showed that 2,830 households in England were removed from their homes by bailiffs as a result of a Section 21 no-fault eviction between July and September.
The Ministry of Justice figures also showed that 8,425 landlords in England started Section 21 eviction proceedings against their tenants during the same period – the highest number in eight years.
As a result, the independent legal body has called for legal aid funding for the more than 25 million people who do not have access to a local legal aid provider for housing advice.
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Richard Atkinson, president of The Law Society, said: “The rising number of eviction orders reflects the alarming state of our housing crisis and the urgent need for rental reform.
“The cost of living crisis has meant that renters are increasingly at risk of losing their homes. When faced with repossession, renters should be entitled to legal representation and access to justice. However, an underfunded justice system has denied renters a fair chance in court due to lack of legal aid.
“It is deeply concerning that 25.3 million people (42%) do not have a local legal aid provider for housing advice. This means that there is no support for renters who cannot afford legal help.
“It is critical that the government invests in the legal aid system, so that renters have the help they need to avoid losing their homes.
“While we welcome the government’s Renters’ Rights Bill, it will struggle to achieve effective rental reform without funding the justice system and legal aid. The government must immediately invest £4.3m in housing legal aid alongside the bill to close this gap in provision.”
He added that only a well-funded legal system can protect renters’ rights. The latest figures showed that mortgage orders for possession increased by an incredible 38% to 4,038, compared with the same quarter in 2023.
At the same time, landlord possession orders rose 7% to 19,254. This could lead to eviction for almost 25,000 people.
No-fault evictions are a major reason for households being threatened with homelessness as they allow landlords to evict tenants with just two months’ notice with no reason given.
An MOJ spokesperson said: “The new government has inherited a justice system in crisis and we are committed to working with the legal profession to ensure the sector is on a sustainable footing, both now and in the future.
“We are carefully considering our options on the way forward including the evidence gathered over the past year on civil legal aid.”
Last month, the government promised to finally scrap no-fault evictions as part of its new Renters’ Rights Bill.
The bill aims to transform private renting, but Shelter warned that unfair evictions will continue unless action is taken to limit huge jumps in rent.
Research by the housing charity showed that 60,000 renters had been forced out of their homes by a rent hike they could not afford in the past year.
Ahead of the Renters’ Rights Bill upcoming third reading in parliament, Shelter has urged the government to strengthen the bill further to ensure it gives renters iron-clad protection from unfair evictions.
Polly Neate, chief executive of Shelter, said: “With renters being marched out of their homes in their thousands, passing the Renters’ Rights Bill and closing the book on the gross injustice of no-fault evictions can’t come soon enough.
“The bill represents a welcome new chapter for tenants. But with landlords allowed to hike up rents on a whim as a way of pricing current tenants out of their homes, renters will continue to live in fear even after Section 21 is scrapped.
“If the government wants the Renters’ Rights Bill to be truly transformative, it must go further. Rent increases during tenancies must be capped in line with inflation or wage growth to make renting safer, secure and more affordable.”
During the Budget last month, the government announced £233m to tackle homelessness and rough sleeping.
Joanna Elson, chief executive of Independent Age, said: “News that no-fault Section 21 evictions for those of all ages are at their highest level since 2016 is a clear indication that banning them as soon as possible in the Renters’ Rights Bill is extremely important.
“We know that older renters are at risk of being evicted through no fault of their own. This is devastating at any age, but those in later life can find it especially hard to find a suitable replacement due to specific health needs, as well as finding moving their possessions very difficult.
“Renters of all ages need certainty and they need the Renters’ Rights Bill to be implemented in full, including the removal of Section 21 evictions, as soon as possible. Politicians of all parties must work together to give all tenants the rights they deserve quickly.”
A Ministry of Housing, Communities and Local Government spokesperson said: “We have inherited the worst housing crisis in living memory with millions of renters living in constant fear of section 21 evictions.
“That is why we are bringing forward our Renters’ Rights Bill to abolish these evictions immediately and rightly empower tenants to challenge unfair rent increases and poor conditions in their homes.”
Earlier this week, Big Issue co-founder Lord Bird walked out of the first inquiry session on rough sleeping after telling MPs he did not want to become part of “a farce”.
The life peer thought the government spends most of its resources on emergency funding for homelessness services, rather than putting in the upfront cost to prevention in the first place. This may include funding for local authorities, uprating Local Housing Allowance rates and grant funding for building new social homes.
