The Renters’ Rights Bill – a boost for tenants and their pets

As the Renters’ Rights Bill goes back before parliament today for a second reading, Ann Bevington of Hopkin Murray Beskine’s housing and public law team considers the changes in store for tenants.

If the proposals for tenancy reform announced by the government last month sound familiar, that might be because plans to abolish ‘no fault’ evictions were first announced by the last government back in 2019. A bill was eventually published, but the changes had still not passed into law when the general election was called almost five years later. In contrast, reform of the private tenancy sector has been an early priority for the new Labour government. Their strengthened version of the proposals could be in force as soon as early 2025, affecting existing as well as new tenancies.

Under the plans, it will no longer be possible to evict tenants by serving a Section 21 notice. Landlords will, however, have expanded rights to obtain possession if they intend to sell the property, or if they require it back so that they (or a family member) can move in. The landlord will not be able to use these new grounds for possession within the first year of a tenancy, and will have to give four months’ notice to the tenant. Additionally, where these grounds are used, the landlord will not be permitted to re-let the property for a period of 12 months.

The Renters Rights’ Bill includes a number of other proposals for major reforms to the private rented sector, including the following:

• Abolishing assured shorthold tenancies. Under the changes, private sector tenancies will not have an end date, and tenants will have to give two months’ notice to end the tenancy.
• Giving tenants the right to ask for permission to keep a pet. Landlords will not be able to unreasonably refuse permission, though they will be able to require the tenant to pay for insurance in case the pet causes damage to the property.
• Requiring private landlords to join a new Ombudsman scheme for tenant complaints, and to register properties on a new private rented sector database. Landlords who fail to comply may be liable for fines. Additionally, a failure to register the property on the database may prevent the landlord obtaining a possession order.
• Provisions to set a ‘Decent Homes Standard’ in the private rented sector, and to set timescales within which landlords must deal with serious hazards in a home.

Although the proposals will significantly strengthen the rights of tenants in the private sector, a major drawback for tenants is that landlords will still be able to raise rents annually, by any amount provided it does not exceed current market rents. Many tenants will therefore still lack genuine security, and some will find themselves facing eviction on the basis of rent arrears because of an unaffordable increase in rent.

While waiting for the bill to pass into law, some landlords are choosing to serve Section 21 notices now, to make use of the ‘no fault’ route for eviction before it disappears. Tenants receiving a Section 21 notice or a claim form for possession based on such a notice would be well-advised to seek specialist legal advice promptly. There are complex requirements which landlords need to have complied with before a valid Section 21 notice can be served, and which may mean that the tenant has a defence to the claim.

Hopkin Murray Beskine’s specialist housing team has extensive experience in advising tenants defending possession claims based on a section 21 notice. Assistance is available under the legal aid scheme, for eligible clients, or at competitive private rates.

Contact the team here.