Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether he has made an assessment of the adequacy of provision for terminating single occupancy tenancy agreements when tenants have been given a custodial sentence.

Neither the Assured tenancy framework under the Housing Act 1988 used by private registered providers of social housing and private landlords, or the Secure tenancy framework under the Housing Act 1985 used by local authority landlords, include a ground for possession for when a tenant, whether single or joint, receives a custodial sentence. Individuals who have been given custodial sentences receive support from Commissioned Rehabilitative Services who assist in the management of tenancy agreements and support prisoners to end tenancies at the start of sentences where this is required.

The Government is committed to abolishing Section 21 “no fault” evictions and will legislate via a Renters Reform Bill in this parliament. Landlords will always need a reason to evict their tenant in the new system and be prepared to evidence that reason in court. There will be comprehensive, fair and efficient grounds to ensure landlords have the confidence they can regain possession when it is reasonable. This includes retaining the current ground which landlords can use to evict tenants when they breach a relevant order put in place to prevent anti-social behaviour or have been convicted of a specified serious criminal offence. The notice period for this ground will be reduced from 4 weeks to 2 weeks, with landlords being able to make a claim to the court immediately, to ensure they can take swift action in these defined circumstances.