10th
May 2023
As reported across the media the Renter’s Reform Bill was due to be presented last week to Parliament following the King’s Coronation but has been withheld for the time being.
Rumours have been flying around that Gove may have at the last minute delayed the Bill’s Parliamentary appearance because of a number of Conservative backbenchers are frustrated by the anti-landlord thrust of the measures, which could lead to a rebellion in the vote.
ITV News has claimed the Bill could be introduced either this week (starting 14th May) or the next, however the government has so far failed to name a date.
Housing Secretary Michael Gove has stated: “We will bring forward legislation very shortly.”
The DHULC has claimed that the Bill unsurprisingly will of course include: “a ban on ‘no fault convictions’ … [and] a Decent Homes Standard for the Private Rented Sector for the first time ever which will make sure privately rented homes are safe and decent.”
Those two measures are the most obvious but which are the other ‘virtually guaranteed’ measures’ featured in the White Paper - A Fairer Rented Private Rented Sector that are most likely to appear in the Bill.
As Section 21 eviction powers are to be scrapped/neutered then the government has to increase grounds of possession in Section 8 to become, in the words of the White Paper, "comprehensive, fair, and efficient, striking a balance between protecting tenants’ security and landlords’ right to manage their property".
If tenants fall behind with their rent by two months and have a history of doing so of three times within three years, then landlords have mandatory rights to evict them.
The current notice period for evictions because of rental arrears will be increased from two to four weeks.
For criminal and/or anti-social behaviour the mandatory eviction notice period will be reduced.
The government promised a strong working partnership between HM Courts and Tribunals Service and the Ministry of Justice to introduce "wide-ranging court reforms that will target the areas that particularly frustrate and hold up possession proceedings".
The Decent Homes Standard for the private rented sector will come into force once the Bill is passed and as stated in the White Paper will be "putting a legislative duty on private landlords to meet the Decent Homes Standard which will raise standards and make sure that all landlords manage their properties effectively, rather than waiting for a renter to complain or a local council to take enforcement action."
It will give councils greater powers "so that they can crack down on non-compliant landlords while protecting the reputation of responsible ones".
Periodic Tenancies to replace Assured Shorthold Tenancies and Assured Tenancies and will be introduced over two time scales.
Landlord discrimination against prospective tenants with children and benefits recipients will be outlawed.
Rent Increases will only be allowed once a year and tenants will be given a notice period of increases to two months.
Rent review clauses will more than likely be ended as the White Paper says it will "prevent tenants being locked into automatic rent increases that are vague or may not reflect changes in the market price" and says that "any attempts to evict tenants through unjustifiable rent increases are unacceptable".
However if rent increases are classed as excessive the government will "make sure that tenants have the confidence to challenge unjustified rent increases through the First-tier Tribunal" and it will "prevent the Tribunal increasing rent beyond the amount landlords initially asked for when they proposed a rent increase".
Tenants given more rights as pet owners as landlords will only be able to refuse prospective renters with furry friends, if they have reasonable grounds to do so, but tenants will be able to challenge the decision.
Landlords will be ‘protected’ against damage as the Tenants Fees Act 2019 intended change will allow pet insurance as a permitted payment/fee.
The White Paper backed the government’s target for the majority of privately rented homes to reach an EPC C rating by 2030.
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