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As the Renters' Rights Bill approaches its second reading in the House of Lords, it's crucial for both landlords and tenants to understand the significant changes coming to the UK's private rental sector. With Royal Assent potentially as early as April 2025, here's a comprehensive overview of the key provisions and their implications.

Abolition of Section 21 and New Possession Grounds

The most significant change is the abolition of Section 21 "no-fault" evictions. All assured shorthold tenancies will be replaced by assured periodic tenancies, providing tenants with more security. Landlords will need to rely on expanded Section 8 grounds for possession, which include:
- Landlord or family occupation (4 months' notice, not usable in first 12 months)
- Property sale (4 months' notice, not usable in first 12 months)
- Rent arrears (4 weeks' notice for 3+ months of arrears)
- Anti-social behaviour (immediate proceedings possible)
- Property redevelopment (4 months' notice)

Landlords should familiarise themselves with all new grounds and notice periods to ensure compliance.

Rental Bidding Wars and Pet Ownership

The bill aims to end rental bidding wars by making it illegal for landlords to accept offers above the advertised rent. This measure is designed to create a fairer market for tenants. Tenants will have the right to request pet ownership, but landlords can require insurance to cover potential damages. Landlords must consider all requests on a case-by-case basis and provide reasonable justification for refusals.

Property Standards and Enforcement

The Decent Homes Standard will be applied to the private rental sector, ensuring properties meet minimum quality requirements. Local councils will have enhanced enforcement powers, including the ability to issue improvement notices and civil penalties of up to £7,000 for non-compliance. Awaab's Law, which requires swift action on hazards like damp and mould, will be extended to the private rental sector, though the government plans to consult on its implementation.

New Database and Ombudsman Service

A new Property Portal will be established, requiring landlords to register themselves and their properties. This database will provide crucial information for agents, tenants, and landlords about legal requirements and compliance history. Landlords must join a new Ombudsman service, regardless of whether they use an agent. This service will have the power to resolve disputes, issue apologies, require remedial action, and award compensation.

Anti-Discrimination Measures

The bill makes it illegal for landlords to discriminate against tenants receiving benefits or with children. While landlords retain the final say on tenancy agreements, they must base their decisions on affordability rather than these factors.

Enhanced Council Powers

Local councils will have stronger enforcement capabilities, including extended investigatory powers and the ability to impose higher penalties for non-compliance. Civil penalties can reach up to £40,000 for serious or repeated breaches.

Implications for Landlords and Tenants

For landlords, these changes mean adapting to new possession procedures, ensuring properties meet higher standards, and potentially facing stricter enforcement. It's crucial to stay informed and compliant to avoid penalties. For tenants, the bill offers increased security, better living standards, and more rights regarding pets and non-discrimination. However, it's important to understand that landlords still have legitimate grounds for possession under certain circumstances.

As members of Propertymark, Allday & Miller are committed to staying at the forefront of these legislative changes. We advise both landlords and tenants to familiarise themselves with these upcoming reforms and seek professional advice to navigate the new landscape of the private rental sector. Remember, while this bill aims to create a fairer rental market, it's essential for both parties to understand their rights and responsibilities under the new system.

Stay informed and prepared as we approach this significant shift in UK housing policy.  We're available to discuss how these changes will affect your tenancy, so please get in touch with Amy or Jordan in the Lettings team on 01895 379549.