8:48 AM, 17th May 2023, About 2 years ago 85
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The long-awaited government plan to overhaul the private rented sector (PRS) with the publication of the Renters’ Reform Bill has been condemned as ‘going back to the dark Ages’.
The government says that more than 11 million tenants in England will now enjoy safer, fairer and higher-quality homes thanks to the introduction of the ‘ground-breaking’ Bill.
It adds that the legislation is a ‘once-in-a-generation’ opportunity that meets the government’s 2019 manifesto commitment.
That’s when the Tories promised to abolish section 21 ‘no fault’ evictions and give renters the power to challenge ‘bad’ landlords without fear of losing their home.
But Neil Patterson, the managing director of Property118 slammed the law’s publication and said: “There’s nothing for landlords to rejoice about – this law will take the PRS back to the Dark Ages.”
Michael Gove, the Housing Secretary, said: “Too many renters are living in damp, unsafe, cold homes, powerless to put things right, and with the threat of sudden eviction hanging over them.
“This government is determined to tackle these injustices by offering a New Deal to those living in the Private Rented Sector; one with quality, affordability, and fairness at its heart.”
He added: “Our new laws introduced to Parliament today will support the vast majority of responsible landlords who provide quality homes to their tenants, while delivering our manifesto commitment to abolish Section 21 ‘no-fault’ evictions.
“This will ensure that everyone can live somewhere which is decent, safe and secure – a place they’re truly proud to call home.”
The government says the new bill also protects more than two million landlords, making it easier for them to recover their properties when they need to.
This means landlords can sell their property if they want to, move in a close family member or deal with tenants who refuse to pay rent.
The new law will strengthen powers to quickly evict anti-social tenants by widening the disruptive and harmful activities that can lead to eviction.
There will also be a reformed courts process which will be largely digitised to help ensure the new tenancy system works for everyone.
The chief executive of the National Residential Landlords Association (NRLA), Ben Beadle, said: “We welcome the government’s pledge to ensure landlords can swiftly recover properties from anti-social tenants and those failing to pay their rent.
“Plans to digitise court hearings will also improve the speed at which legitimate possession cases are processed.”
He adds: “The NRLA will continue to work with the government to ensure the detail of the Bill is fair for responsible landlords and tenants alike.”
There’s also a new Ombudsman planned that will provide quicker and cheaper resolutions to disputes.
Plus, landlords will get a new digital Property Portal to understand their obligations and help tenants make better decisions when signing a new tenancy agreement.
The government says this will give confidence to good landlords while driving the criminal minority out of business.
The new Bill will also enable tenants to have the legal right to request a pet in their home – which a landlord must consider and ‘cannot unreasonably refuse’.
That means landlords will be able to require pet insurance to cover any damage to their property.
The Bill will also:
The government says the Bill is a key part of the government’s mission to level up across the country and follows the wider housing reforms in the Social Housing Regulation Bill and Building Safety Act.
These address the systemic issues identified following the Grenfell Tower tragedy on improving the safety and quality of social housing and how tenants are treated by their landlords.
Dan Wilson Craw, the acting director of Generation Rent, said: “The Renters’ Reform Bill is a huge opportunity to improve the lives of the 11 million people who now rent from private landlords in England.
“Arbitrary Section 21 evictions make it impossible for tenants to put down roots and report problems about their home with confidence.
“Abolishing them will take away much of the stress of renting and improve communication and trust between tenants and landlords.”
He added: “The new Property Portal and Ombudsman have the potential to make it much harder for criminal landlords to operate.
“These reforms wouldn’t be happening without the tireless campaigning of members of the Renters Reform Coalition and thousands of renters over many years.
“We look forward to reading the Bill and working with ministers and Parliamentarians to make sure the legislation achieves what it sets out to do.”
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Ian Narbeth
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Sign Up16:41 PM, 17th May 2023, About 2 years ago
Reply to the comment left by DSR at 17/05/2023 - 16:14
I have skimmed through the bill. Landlords may require that pet insurance is in place. The Parliamentary draftsman has taken note of the issue in my article because it will be lawful to require “that the tenant pay the landlord’s reasonable costs of maintaining insurance that covers the risk of pet damage in respect of the time the pet is at the dwelling-house to a level that is reasonable having regard to the pet and the dwelling-house in question.”
Ed Tuff
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Sign Up16:42 PM, 17th May 2023, About 2 years ago
Is there an exact date when S21 is removed?
Ian Narbeth
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Sign Up17:06 PM, 17th May 2023, About 2 years ago
Reply to the comment left by Ed Tuff at 17/05/2023 - 16:42No, the Bill says it "comes into force on such day as the Secretary of State may by regulations appoint".
Mr.A
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Sign Up18:10 PM, 17th May 2023, About 2 years ago
In Scotland we've had open ended tenancies for a few years , it's caused utter devastation on the rental market ,
Tenant can give 28day notice when ever they please and leave , a landlord has to give 84 days notice if he wants someone to leave, if they have been in for more than 6 months , although that's only the beginning, if the tenant doesn't leave he has to go through a first tear Tribunal and state why he wants the tenant out and if they disagree the landlord's stuck ... not your property any more
Scotland is dire for landlord's, England will follow .
Luke P
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Sign Up21:47 PM, 17th May 2023, About 2 years ago
Reply to the comment left by York student landlord at 17/05/2023 - 07:08
Giles’ opening words on his analysis:
“There will be no such thing as an assured shorthold tenancy.
There will be no such thing as a fixed term assured tenancy.
There will only be periodic assured tenancies with a period not in excess of one month.”
https://nearlylegal.co.uk/2023/05/renters-reform-bill-the-good-the-potentially-good-and-the-ugly-part-1/#respond
Seething Landlord
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Sign Up22:15 PM, 17th May 2023, About 2 years ago
The official explanatory notes are probably the best guide available at the moment - 106 pages so not for the faint hearted:
https://publications.parliament.uk/pa/bills/cbill/58-03/0308/en/220308en.pdf
student landlord
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Sign Up22:37 PM, 17th May 2023, About 2 years ago
Regarding the guidance notes, could anyone with legal knowledge interpret the following clause?
16 “The Bill also mandates that landlords must provide a written statement of terms setting out basic information about the tenancy and both parties’ responsibilities while retaining both parties’ right to agree and adapt terms to meet their needs”.
Does this imply that if students and the landlord agree between themselves to implement a 12 month expiry of the agreement (in order to meet their needs) then that is permissible?
JeggNegg
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Sign Up23:07 PM, 17th May 2023, About 2 years ago
Reply to the comment left by Alison Floyd at 17/05/2023 - 08:49
Sadly I think this is creating a bigger gap between L/L and their Clients(tenants), rather than this partnership working closer together.
Seething Landlord
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Sign Up23:09 PM, 17th May 2023, About 2 years ago
Reply to the comment left by York student landlord at 17/05/2023 - 22:37
You need to refer to clauses 9 and 10 of the Bill but I think the answer is "no".
student landlord
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Sign Up23:17 PM, 17th May 2023, About 2 years ago
Reply to the comment left by Seething Landlord at 17/05/2023 - 23:09
Thanks- I was hoping to get legal clarification though!