Unfairly Evicted? Time for Change

Have you been unfairly evicted and feel it may be a time for change? Well, the Government agrees with you… in the form of The Renters Reform Bill.

Below we will seek to explain the proposed changes and the anticipated time frames for these major changes:

Current Rental Law

Under Section 21 of the Housing Act 1988, a Landlord can provide notice to a Tenant under an Assured Shorthold Tenancy to leave within 8 weeks. The Landlord can do this without any reason, hence why the process is commonly known as a “no fault” eviction.

The Proposal - a 12-point plan

The Government has provided a 12-point plan of various changes to the private rental sector.

Included within this list, is the proposal to scrap “no fault” evictions. Instead, it will be replaced with a system whereby the Landlord must meet certain criteria to take possession. This criterion will include the need to sell the property, as well as an improved position on rent arrears and anti-social behaviour.

How will it affect Tenants?

The idea behind the reforms is to give Tenants greater power against Landlords, particularly those who act in an unfair manner.

As well as the removal of “no fault” evictions, the 12-point plan also includes requirements to limit how often rent can be increased, as well as ensuring Landlords maintain properties to a safe standard. The proposed reforms will also come as good news to pet owners, as Landlords must consider any requests for a pet in the property and cannot unreasonably refuse.

How will it affect Landlords?

Whilst the reforms would appear to favour the rights of Tenants, Landlords will also benefit from the reforms by way of clearer grounds for what is expected of them, as well as a more streamlined processes to deal with disputes.

Which rental property types are affected?

It is proposed that the reforms will apply to all existing tenancies, along side new tenancies after the bill is introduced. It is important that once the law is formally enacted, both Landlords and Tenants consider the impact this will have on their active tenancies.

The Time Frame

As it stands, The Renters Reform Bill is in the very early stages and is currently only in the form of a white paper (a document then proposes new legislation). These proposals will be put before parliament to vote on before the end of 2022.

• Even if the vote is passed, the Government has specified a 6-month notice period before the reforms are implemented, and then an additional 12 months for them to become mandatory.
• It is, therefore, likely that any changes will not be formally made until mid-2023 at the earliest.

 

If you’re a Landlord or a Tenant and are looking for advice on evictions, or how the Renters Reform Bill may impact you, please do not hesitate to contact our Dispute Resolution Team here.

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