03 September 2021
In 2019, the government announced plans to repeal section 21 of the Housing Act 1988. It has now said it will further address these plans in a white paper.
Although the decision arose from concerns about the private rented sector, the changes will affect housing associations. Housing associations often use assured shorthold tenancies in specialised forms of housing, including supported housing, temporary accommodation and provision through short-term leased properties from private landlords. Crucially, these are housing types unlikely to be found in the private rented sector, for very vulnerable people who need high levels of support and for people in crisis or in need of emergency short-term accommodation or support.
The housing association sector is considering the potential impact of the repeal of section 21 for supported housing and temporary accommodation, the circumstances in which the continued availability of no-fault possession may be necessary, and how that could be made possible.
We have proposed a potential way forward to MHCLG that balances ensuring supported accommodation is available for those who need it with the rights of residents and housing associations’ needs.
Please note, the NHF will be making representations on general needs housing separately.
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