Tenancy Reform and the Renters Rights Bill: Overview of New Rules

New tenancies - new rules. Tenancy reform and the Renters Rights Bill Ben Reeve-Lewis Safer Renting

The biggest shake up to housing law since 1989 239 pages long. 149 clauses. 6 schedules All spread across so many other pieces of legislation its mind boggling

The biggest shake up to housing law since 1989 Final Lords committee stage yet to happen. Amendments will be being discussed but no real prospect of any major changes. Expected commencement sometime this summer Among the first things to come in will be the tenancy reform elements.

Down the road a while Decent Homes Standard for PRS PRS Ombudsman Portal/database. Landlord redress scheme Awaab s Law - staggered dates. For social housing damp & mould issues and emergency repairs (within 24 hours) Oct 2025 - a range of other hazards 2026 all HHSRS hazards, excluding overcrowding, 2027

Day 1 It will not be possible to create an Assured Shorthold Tenancy. S21 notices will be abolished It will be an offence for a landlord to issue an AST agreement or serve a s21 notice - council can impose a Civil Penalty Notice of up to 7,000 for offence and for subsequent similar breaches over preceding 5 years. Rent Repayment Orders will be available for issuing ASTs after commencement

Day 1 Rent in advance capped at 1 month - again 7,000 CPN for breach. Landlord cannot unreasonably refuse a request for a pet. Discrimination against tenants will now officially be an offence Landlords must state the rent and cannot increase it from that advertised. Tenant must be given a written Statement of terms .

Day 1 Deposits must still be protected within 30 days and the prescribed information of the deposit scheme given to the tenant, also within 30 days. Court cannot grant possession if deposit not protected although if deposit protected before service of s8 notice possession can still be given, unless the tenant has applied for the deposit breach penalty, where the court hearing the application has yet to decide, in which case possession cant be granted until the court has decided on the penalty

Possession proceedings

Notices With no s21 notice landlord will only have s8 notices to serve - this means no more accelerated possession claims, there will always have to be a court hearing. A new s8 form is going to be produced. It will be a 7,000 CPN for not using it or for trying to evict using a standard Notice to Quit as an alternative, or an oral notice only. There are several new grounds for possession affecting the duration of your s8 notice Get familiar with your notices and procedures.

Notices If you have served a s21 notice before commencement of the Act but have yet to apply to court for possession you will have 3 months after commencement to do so (Provided the current 6 month shelf life of a s21 does not expire first) If you served s21 before commencement AND applied to court for possession but yet to have a decision, then the tenancy will remain an AST until the court have decided.

Notices Tenants or councils can apply for Rent Repayment Orders where a notice was served and there was no real prospect of possession being gained on the grounds relied upon or if false information is provided on the notice or application. Councils can penalise if the tenant leaves within 4 months of being served with a notice based on spurious grounds.

New grounds

Ground 1 This is an existing ground but the rules have been amended. It allows for possession where the landlord wants the property to live in themselves or for a member of their family. It cannot be used during the first 12 months of a tenancy. The duration of a s8 notice on this ground is 4 months If the property is re-let during 12 months the council can prosecute.

Ground 1A This allows for possession where the landlord wants to sell the property. As with Ground 1 it cannot be used during the first 12 months of a tenancy. The duration of a s8 notice on this ground is 4 months If the property is not sold during 12 months the council can prosecute.

Ground 6B Possession can be sought where the landlord has Breached a banning order Ignored a prohibition order Ignored a notice re-overcrowding Ignored licensing requirement over number of occupants Ignored a remedial notice Length of s8 notice for this ground will be 4 months Note: The courts have the power to order compensation to be paid to the tenant for using this ground, given the ground arises from a legal breach by the landlord.

The new database Government are to create a new database, possibly in 2026, on which a landlord will have to register themselves and their properties and load up documents yet to be finalised but which are expected to be Gas Safety Certificates, How to rent guide, EPC, statement of terms, deposit protection certificate etc. The courts will not be able to grant possession if the information is not loaded onto the database. It will be an offence to advertise or market a property where the requirements of the database have not been satisfied and both council or tenant can apply for a Rent Repayment Order

In conclusion This short presentation barely even scrapes the surface of what the RRB encompasses. It completely changes the landscape of landlord and tenant law. It makes it impossible to be a casual, amateur landlord and you will need to either educate yourself on the high number of new requirements or pass management over to somebody who is knowledgeable and professional. You cannot afford not to know the new rules. Life for landlords, tenants and local authorities is going to be unrecognisable after this summer.