The Renters (Reform) Bill read by the House of Commons on 17 May 2023 sets out the provisions to change the law about rented homes, including provision abolishing fixed term assured tenancies and assured shorthold tenancies; imposing obligations on landlords and others in relation to rented homes and temporary and supported accommodation.
Under current legislation there are two types of notice that can be served on a tenant to terminate a tenancy. A section 8 notice will be used where a landlord can establish that one or more grounds set out in the Housing Act 1988 are met entitling the landlord to possession of its property. A section 21 notice is used where the landlord does not need to give reason or for the tenant to be at fault.
The new provisions include abolishing no-fault evictions under section 21 of the Housing Act 1988 and move to a simpler tenancy structure where all assured tenancies are periodic. It also aims to reform possession grounds to enable landlords to still recover their property (including if they wish to sell their property or move in close family) and to make it easier for landlords to repossess their properties where tenants are at fault, including in cases of anti-social behaviour and repeat rent arrears.
There are other proposed changes which include:
| • | A new Ombudsman that private residential landlords must join. |
| • | A new Property Portal, which will include a database of residential landlords and privately rented properties in England. |
| • | Providing stronger protections against backdoor eviction by ensuring that tenants can appeal above-market rents, including those which are purely designed to force them out. |
| • | Giving tenants the right to request a pet in their property, which the landlord must consider and cannot unreasonably refuse. The bill proposes to also amend the Tenant Fees Act 2019 so that landlords can require pet insurance to cover any damage to their property.
Consultation on the proposals will now take place but it is likely to be a while before any changes are implemented.
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If you are a landlord wishing to regain possession of your property, a tenant wishing to oppose possible eviction or you would just like a general chat about rights and responsibilities regarding renting a property then please feel free to contact our contentious property solicitor Amanda Nudds on 01328 852804 who can discuss your individual circumstances and provide you with advice.
