Renters to get greater protection as no fault evictions to be banned

The government has announced that it will transform the housing sector by giving renters greater protection.

Sam Fawcett in our Dispute Resolution team provides an update.

No fault evictions will be banned, and tenants will be given more rights to challenge rent increases.

The proposed changes will be implemented in the Renters’ Rights Bill, which was announced in the King’s Speech.

The government’s accompanying notes to the speech outline the main points we can expect to see in the bill:

• 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.

The proposals received a cautious welcome from the Law Society, but a spokesman added: “We hope the government will ensure an appropriate balance between tenants’ rights and landlords’ routes to repossession by increasing access to housing legal aid and resourcing the courts so there is capacity to handle the caseload.”

We will continue to keep you informed of any developments.

If you would like more information about the issues raised in this article or any aspect of commercial property law please contact Sam on 01228 516666 or click here to send him an email.