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Big changes ahead for renting in England

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The Renters Rights Bill still has some stages to go through before it becomes law, but the government has made it clear that they are keen to see the regulations brought into effect as soon as possible. It’s thought by many that it could be as soon as late spring, early summer this year (2025).

The Bill has been pretty divisive; widely condemned by landlords who feel it will make regaining possession of their property incredibly hard even if a tenant isn’t paying rent, but welcomed by tenants and associations who advocate for them - the end of no fault evictions, rent paid in advance and unfair rent increases.

Let’s stay with tenants in this blog. Here’s what the Bill (assuming it passes as currently written) means for you if you’re looking to rent your next home, or if you already have an existing tenancy agreement.

Assured shorthold tenancies will be no more

Minimum fixed terms for tenancies won’t exist; you won’t sign a contract obliging you to rent the property for at least 6 or 12 months. If your circumstances change, or you don’t like living where you are, you can give your landlord 2 months notice to bring the tenancy to an end - you won’t be tied in until the end of a 6 or 12 month term. All tenancies - new and existing - will be periodic and run on a week to week, or month to month basis (depending how often you pay the rent). So, if you sign a fixed term tenancy before the law changes, it will become periodic when the changes come into effect.

No fault evictions

These won’t be allowed, for new or existing tenancies. Your landlord will no longer be able to serve a notice to regain possession of the property unless they intend to sell it, or they - or a member of their family - need to move into it. You must be given at least 4 months notice to move out, and a notice on these grounds can’t be used during the first 12 months of your occupation.

Eviction for non-payment of rent

At the moment, two months of rent arrears is enough for a landlord to start eviction proceedings with the courts. This will increase to 3 months (or 13 weeks if you pay rent weekly) and the minimum amount of notice you need to be given will increase from 2 weeks to 4 weeks.

Rent increases

We’ve all heard of unscrupulous landlords who hike a tenants rent up so substantially that there’s no real prospect of it being paid. It’s often seen as a backdoor means of eviction.

This will be banned and all rent increases will need to follow the same procedure. There can be an increase once per year and only then to the market value. Notice of the increase will be given to you by the landlord on a section 13 form, and it will need to set out the new rent and give you at least 2 months notice.

If you feel the new rent is unfair, you can appeal to the First-tier Tribunal who can order the rent remain as it is if they agree with you. If the increase is found to be reasonable, the Tribunal can defer the start of the higher rent in cases of hardship.

Rent in advance

You can only be asked to pay up to 1 months rent in advance once you’ve signed your new agreement, before it starts. A landlord cannot ask for rent to be paid during the tenancy before the due date. This means you will only ever pay 1 month at a time; there can be no legal clauses set by a landlord which forces you to pay 2, 3, 6 months of rent upfront. This will apply to existing tenancies too; if your current agreement allows the landlord to ask for payment in advance, those clauses won’t be able to be enforced.

Private rented sector database

A central database will be established which will show all rented properties and all landlords. Any enforcement action taken against a landlord for breaches of rental laws will be noted on the database and you as a tenant will be able to search the records to find out about a potential new landlord. Before any property can be marketed to let, it must be registered on this database. Landlords can be fined if they don’t do this.

There will also be a landlord ombudsman. If you have a complaint about how your landlord is treating you or dealing with your tenancy, or the upkeep and maintenance of the property, you will be able to complain to the ombudsman. Their decision will be binding against the landlord and if they fail to comply, the ombudsman can expel them from the scheme, the local authority could take action against them and they may find themselves faced with large fines.

Rental discrimination

Have children? Claim housing benefit? If yes and you’ve ever found yourself reading a rental advert stating ‘no children, no DSS’ then you’ve likely felt discriminated against when it comes to finding a rental home. This will be changing when the new law comes in, forcing landlords to consider you based on your ability to afford the property (regardless of whether benefits will help to pay your rent) and the suitability of the property for you and your family. A blanket ‘ban’ by a landlord or agent stating they won’t rent to you if you have children who live with you or you’re in receipt of benefits, will not be allowed.

Renting with pets

Similar to above, carte blanche refusals to consider a tenant with pets will come to an end. Your landlord will not be allowed to unreasonably withhold consent for you to keep a pet in the property, and you’ll be able to challenge a refusal if you think they’ve done that.

You might have to pay for the landlord to take extra insurance against damage by pets and this would be allowed under the new laws.

Decent home standards

These will be introduced to the private rented sector for the first time, aiming to bring an end to poor housing conditions and landlords neglecting their responsibilities to repair their properties. When working hand in hand with the abolition of no fault evictions, if you complain to your landlord about repairs that need to be carried out, your landlord will no longer be able to retaliate by serving a s21 notice to evict you. Bad behaviour by your landlord can be reported to the ombudsman; so you can see how the Bill aims to work seamlessly to offer protections to tenants across the board.

Tenants will largely be comforted by these changes, which aim to support them and make renting a home more secure. Landlords may have a different view but will be bound by the regulations when the Bill becomes law.

As a tenant, know your rights, do your homework, seek advice if you’re unsure about what you’ve been asked to sign - or asked to pay. Change is coming and it appears to be in your favour.