How does the New Renters’ Rights Bill affect Landlords and Tenants?

Edwards - Aug 24 newsletter - New Renters Rights Bill

Grant Brooks

The Proposed New Renters’ Rights Bill

By Grant Brooks – MD Edwards Estate Agents  

Initially outlined in the King’s speech in July, although as was the case with the 40 other bills announced, there was little by the way of any real detail, just a hint of what was to come. The speech did however, set out the new Labour Government’s commitment to a new renters’ Rights Bill and its aim to give ‘greater rights and protections to people renting their homes, including ending ‘no fault’ evictions and reforming grounds for possession’.

More detail has subsequently been made available via the background briefing notes (set out below). The briefing notes confirm that tenants will be able to challenge rent increases as well as have the right to request a pet.

A key element of the new bill is to abolish no-fault evictions, which labour pledged to abolish on day one. This was not previously passed into law as it required further legislation. It will be interesting to see if the Labour government abolish no-fault evictions without ensuring an adequate replacement is put in place, or indeed if the current court system can manage without it.

A Decent Homes Standard will apply to the private rented sector (PRS); Awaab’s law will be applied to the PRS setting clear legal expectations and timeframes for landlords to ensure hazards in homes are made safe.

The plan is to create a new digital PRS database to consolidate key data for landlords, tenants and councils allowing tenants to access key information before they enter into tenancy agreements.

A new ombudsman service will apply to the PRS, making dispute resolution more straightforward and less expensive. Landlords will also be outlawed from discriminating against tenants in receipt of benefits.

As is evident from the above, much of the original ‘Renters Reform Bill’ exists in the new bill, the briefing notes, set out below, confirm the details –

Renters’ Rights Bill

– More than 11 million people in England live day in, day out with the knowledge that they could be uprooted from their home with little notice and minimal justification, and a significant minority of them are forced to live in substandard properties for fear that a complaint would lead to an instant retaliatory eviction. The Government is determined to address the insecurity and injustice that far too many renters experience by fundamentally reforming the private rented sector and improving the quality of housing in it.

– We value the contribution made by responsible landlords who provide quality homes to their tenants and believe they must enjoy robust grounds for possession where there is good reason to take their property back. However, the Government is determined to level decisively the playing field between landlord and tenant by providing renters with greater security, rights and protections and cracking down on the minority of unscrupulous landlords who exploit, mistreat or discriminate against tenants with bad practices such as unfair rent increases intended to force tenants out, and pitting renters against each other in bidding wars.

– The Renters’ Rights Bill delivers our manifesto commitment to transform the experience of private renting, including by ending Section 21 ‘no fault’ evictions – we will take action where the previous Government has failed. The Bill will giveing renters much greater security and stability so they can stay in their homes for longer, build lives in their communities, and avoid the risk of homelessness.

What does the Bill do?

– The private rented sector must work for all those who depend upon it for a secure home. A functioning sector can provide flexibility for those who want it, and a secure stepping stone for aspiring homeowners.

– Too many renters are being exploited by a minority of unscrupulous landlords, unable to challenge bad practices because they could be evicted at any moment. This is bad for economic growth and productivity, poor for health, and a drain on aspiration.

– The Renters’ Rights Bill will overhaul the private rented sector, with this Government determined to take action where the previous Government failed, transforming rights for the 11 million private tenants in England by:

 – abolishing Section 21 ‘no fault evictions’, removing the threat of arbitrary evictions and increasing tenant security and stability. New clear and expanded possession grounds will be introduced so landlords can reclaim their properties when they need to.

 – strengthening tenants’ rights and protections, for example we will empower tenants to challenge rent increases designed to force them out by the backdoor and introduce new laws to end the practice of rental bidding wars by landlords and letting agents.

 – giving tenants the right to request a pet, which landlords must consider and cannot unreasonably refuse. Landlords will be able to request insurance to cover potential damage from pets if needed.

 – applying a Decent Homes Standard to the private rented sector to ensure homes are safe, secure and hazard free – tackling the blight of poor-quality homes.

 – applying ‘Awaab’s Law’ to the sector, setting clear legal expectations about the timeframes within which landlords in the private rented sector must make homes safe where they contain serious hazards.

 – creating a digital private rented sector database to bring together key information for landlords, tenants, and councils. Tenants will be able to access information to inform choices when entering new tenancies. Landlords will be able to quickly understand their obligations and demonstrate compliance, providing certainty for tenants and landlords alike. Councils will be able to use the database to target enforcement where it is needed most.

 – supporting quicker, cheaper resolution when there are disputes – preventing them escalating to costly court proceedings – with a new ombudsman service for the private rented sector that will provide fair, impartial and binding resolution, to both landlords and tenants and reducing the need to go to court.

 – making it illegal for landlords to discriminate against tenants in receipt of benefits or with children when choosing to let their property – so no family is discriminated against and denied a home when they need it. 

– strengthening local councils’ enforcement powers. New investigatory powers will make it easier for councils to identify and fine unscrupulous landlords and drive bad actors out of the sector.

Territorial extent and application

– The majority of the Bill will extend to England and Wales and apply to England.

Key facts

– This Bill will reform the private rented sector, strengthening the protections for 11 million private tenants. This includes the 1.4 million households with dependent children and 444,000 households with over-65s privately renting.

– Government data released in 2024 found that no fault evictions resulted in a record 25,910 households being threatened with homelessness in 2023. In addition, 2,682 households in England were removed from their homes by bailiffs because of no fault evictions between January and March – up 19 per cent in a year and the highest number in six years.

– The last two years has seen unprecedented levels of growth in rental prices. Whilst the annual growth rate in rents have usually been around 2 per cent, in March 2024 yearly increase in the average rent of the stock of tenancies reached 9 per cent.

– In 2021, private rented sector tenants spent 38 per cent of their income on rent (excl. housing support), whilst homeowners spent only 21 per cent on mortgage costs and social renters 27 per cent on rent.

– 21 per cent of private rented sector homes (approximately one million properties) are non-decent and 12 per cent (approximately 580,000 properties) contain a category one hazard such as severe damp or mould.

We will keep a watchful eye on how the new Renters’ Rights Bill proceeds through the various stages before it can become law, and keep you informed.

Renting a property?

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Grant Brooks – Edwards Estate Agents

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