The Government published its Renters' Rights Bill on 10 September. The
Bill proposes major reform of the private rented sector, abolishing
fixed term assured tenancies and assured shorthold tenancies,
together with so-called 'no-fault' section 21 evictions. It
proposes to extend a Decent Homes Standard to the private rented
sector, not necessarily identical to that which applies to social
homes, and to establish a Private Rented Sector Housing Ombudsman.
Councils will get new powers to investigate and enforce the new
provisions, with a commitment that the net additional costs to
councils will be fully funded. A date for Second Reading of
the Bill has not yet been set.
The Bill's central proposals resemble those included in the
previous Government's Renters Reform Bill, which fell when the
General Election was called. The main differences are:
1. The new tenancy conditions will be applied
to new and existing tenancies at the same time, so that section 21
evictions are abolished for all tenants simultaneously; the Renters
Reform Bill proposed phased abolition for new and existing
tenants.
2. Tenants will be able to give 2 months notice
of their intention to end a tenancy at any time; they will not be
prohibited from doing so in the first 4 months as the Renters'
Reform Bill proposed.
3. There are some changes to the grounds for
eviction that a landlord may use.
4. Tenants will be able to challenge
unreasonable rent increases.
5. Awaab's Law will be extended to the private
rented sector. However, the Bill guidance states "We recognise that there are
differences between the private and social rented sectors. We
will carefully consider how best to apply Awaab's Law to the
private rented sector in a way that is fair, proportionate, and
effective for both tenants and landlords, and will consult on
this."
The Bill's provisions do not only apply to private landlords.
The new tenancy system will be used by landlords outside the PRS -
including housing associations and providers of supported
accommodation. There will be a limited number of additional
possession grounds available to providers of temporary and
supported accommodation. The Guidance does not refer explicitly to
local authorities, but it seems clear that non-secure tenancies of
local authorities or local authority companies, which fall outside
the HRA, will be covered by the Bill's provisions.