Renters’ Rights Bill passes second reading

Renters’ Rights Bill passes second reading

9:52 AM, 10th October 2024, About 2 months ago 29

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The Renters’ Rights Bill has passed its second reading in Parliament with Angela Rayner promising to reform the rental sector.

The Bill now moves to the Committee Stage, where MPs will discuss its details such as the abolition of Section 21 and making it illegal for landlords and letting agents to discriminate against tenants on benefits and those with children.

During the debate, Shadow Housing Secretary, Kemi Badenoch slammed the Renters’ Rights Bill for causing more chaos in the housing market and the government’s failure to carry out an impact assessment.

Abolish Section 21 immediately

Angela Rayner acknowledged landlords play a vital role in the sector but says the private rented sector needs reform.

She said: “The private rented sector plays an undeniably crucial role in our housing system. I want to be clear from the outset that this government understands the important role of landlords who provide good quality homes to their tenants.

“This is a sector in serious need of reform millions of people live in fear of Section 21 no-fault evictions that could uproot them from their homes and communities and are forced to live in homes that are riddled with damp and mould.”

Ms Rayner slammed the Conservative government for caving to vested interests in the Renters’ (Reform) Bill, accusing them of failing to abolish Section 21 no-fault evictions to placate ‘backbench Tory MPs.’”

She said: “We will abolish Section 21 no-fault evictions immediately for new and existing tenancies to give tenants the same security immediately.”

Ms Rayner says the court system will become digital to streamline and speed up the eviction process.

She explains: “To support the court system we will digitise the county court system process to create a modern, efficient service for our courts.

“We will also take steps to ensure that wherever possible disputes will be resolved at an early stage with the new PRS Landlord Ombudsman supporting this.”

Fixed-term tenancies abolished

Ms Rayner confirmed that fixed-term tenancies will be abolished and tenants will only need to give two months’ notice.

She claimed: “This will end the injustice of tenants who need to leave at short notice.”

Ms Rayner promised landlords will still be able to reclaim their properties as they legitimately need to through clear and robust grounds.

She added: “We will also address specific cases such as student accommodation, which will have dedicated possession grounds to ensure fairness.”

Ms Rayner adds there will be a possession ground for landlords wanting to sell but with safeguards to protect tenants.

She said: “Tenants will have four months’ notice so they have time to find a new home and landlords will have to wait a year from the beginning of the tenancy before they can use moving in and selling grounds for eviction. This honours our commitment to level the playing field for renters.”

She adds: “Landlords will still be able to quickly evict tenants who cause anti-social behaviour that make others lives a misery.”

Ms Rayner also vowed to extend Awaab’s law to the private rented sector.

She said: “This Bill will also make good on our promise to extend Awaab’s law to the private sector. When I met Awaab’s family recently, I made a commitment to putting safety first, and it is an honour to pay tribute to Awaab’s legacy, and to his parents’ resolute campaigning for meaningful change for the many thousands of families living in unfit homes.”

Rent controls restrict housing supply

Ms Rayner says the Bill will help tenants to challenge unreasonable rent hikes.

She said: “The Bill will also empower tenants to challenge unfair rent increases designed to drive them out. It will prevent tenants from being bound by rent review clauses putting them in a position to challenge unreasonable rent hikes.

“Landlords and letting agents will also be required to publish an asking rent for their property and will not be allowed to ask or encourage or accept a higher offer.”

Jeremy Corbyn MP told the debate that rent controls are needed to get a grip of rising rents.

However, Ms Rayner disagreed and said: “Rent controls restrict housing supply which doesn’t help anyone.”

Ms Rayner pointed out key changes in the Bill, explaining: “Unlike in the previous government’s Bill, the tribunal will not be able to increase rent above what was originally proposed by the landlord. In cases of undue hardship, we will give the tribunal the power to defer rent increases by up to two months, thereby finally ending the injustice of economic evictions.”

Ms Rayner also says the Bill will make it illegal for landlords and letting agents to discriminate against benefit tenants and children. However, she gave no answers on how landlords and letting agents will be punished.

Online database will drive out rogue landlords

Ms Rayner also talked about the new online database which she claims will drive out rogue landlords.

She said: “The Bill will introduce a new online private rented sector database to the benefit of landlords and tenants.

“Landlords will need to provide key information about the properties they let out including property standards and compliance with the law. Helping tenants to understand more about the property and the landlord.”

She continued: “The database will also help landlords meet their legal and basic duties. Alongside greater guidance and support from the government because we know good landlords should be supported and helped.

“In addition, the database will provide local authorities with the information they need to support their enforcement activities to drive out rogue landlords.”

On pets, Ms Rayner said: “Pets aren’t just animals, but family too. This Bill will make it easier for tenants to request to have a pet in their home. It will also allow landlords to require insurance covering pet damage.”

No impact assessment

In response to the Bill, Kemi Badenoch criticised the Labour government for pushing for more regulations which will push out good landlords.

She said: “The Renters’ Rights Bill will cause more chaos. Piling on regulations will simply push good landlords out and empower bad landlords who will ignore the rules.

“The truth is the Bill is still not ready because they can’t fix the rental market by tying it in knots with further intervention.”

Ms Badenoch questioned Ms Rayner on the absence of an impact assessment, asking: “I note that no impact assessment for the Bill is available, an omission that has rightly drawn criticism from the Regulatory Policy Committee. Will the Secretary of State tell us whether an impact assessment has been undertaken? If it exists, where is it? If it does not exist, why did the Government not ask for one? I hope this is not how the Labour government mean to go on.”

Ms Rayner failed to answer on why no impact assessment has taken place.

Reaction to Second Reading

Timothy Douglas, the head of policy and campaigns at Propertymark, said: “Whilst we welcome commitments from the UK government to not introduce rent controls, it is clear that much more needs to be done to ensure the Renters’ Rights Bill gets the balance right for landlords, agents and tenants.

“Outstanding questions need to be answered about how the legislation will help meet the huge demand for homes to rent and increase supply, as well as local authority capacity to enforce existing rules and the new measures proposed in the Bill.

“Many MPs raised Propertymark’s concerns that the UK government hasn’t yet produced an impact assessment on the changes and the removal of fixed term tenancies that currently ensure tenants and landlords know how long the rental period is and what their rent costs are.

“We urge the UK Government to listen to the need to extend the student ground to more sharers and introduce measures to register short term lets to level the playing field with the private rented sector to ensure there are enough homes to rent long term.”


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Cider Drinker

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12:53 PM, 10th October 2024, About 2 months ago

Reply to the comment left by Reluctant Landlord at 10/10/2024 - 12:18
For Council Tax purposes, the difference between contractual and statutory periodic tenancies is marginal. Unless you can educate me otherwise.

Under the new (proposed) rules, all tenancies will contractual periodic (as I understand it). As such, there should be no need to re-protect deposits. I don’t take deposits so it doesn’t matter to me.

Paul Essex

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13:08 PM, 10th October 2024, About 2 months ago

Reply to the comment left by Cider Drinker at 10/10/2024 - 12:53
Contractual - tenants liable for council tax debts.
Statutory - Landlords liable for council tax debts.

New contracts were forced on Landlords in Wales, so not beyond possiblity that England will follow this model.

GlanACC

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13:12 PM, 10th October 2024, About 2 months ago

Well I suppose anyone on benefits now will have no chance of renting a property as all landlords I know have instructed their letting agents that a guarantor (and one with 'assets') will now be required. Will the local council act as guarantor .. thought not

Reluctant Landlord

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13:55 PM, 10th October 2024, About 2 months ago

Reply to the comment left by Paul Essex at 10/10/2024 - 12:23
I thought the idea was ONLY to ensure that from a certain date all contracts are to be treated the same in regard to the terms of tenure (all immediately periodic) only and therefore make things like notice periods (tenant or LL) unified, and allow possession only via S8 and new set of grounds.

If the contracts themselves have to all be reissued or we are forced to use a new standard contract, that surely means the 'old' contract has to formally 'cease to be' first before another can be OFFERED.

Surely this would trigger the requirement for the existing T to surrender the current AST first as you cant have 2 AST's in place at the same time???

Cider Drinker

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14:14 PM, 10th October 2024, About 2 months ago

Reply to the comment left by Paul Essex at 10/10/2024 - 13:08
The notice period is typically one month for either contractual or statutory.

With statutory, the landlord becomes liable (for CT) from when the tenant leaves the property. With contractual, the landlord becomes liable from when the tenancy ends.

The difference should only be one month at the most.

The move under the RRB to (what will be effectively) contractual periodic tenancies from the outset will remove this ridiculous anomaly.

Cider Drinker

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15:05 PM, 10th October 2024, About 2 months ago

Reply to the comment left by Reluctant Landlord at 10/10/2024 - 13:55
I use the government's model AST and would hope that a new model tenancy agreement will be made available along with suitable guidance.

It’s not great for landlords but it’s even worse for tenants. They’ll always need to give two months’ notice.

This could mean many are stuck in their current homes. The cost of giving two months notice and paying rent/deposit on a new rental property will be prohibitive to many.

First time renters will have a considerable advantage over anyone hoping to move from one rental to another.

Ray Guselli

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15:29 PM, 10th October 2024, About 2 months ago

Reply to the comment left by Ray Guselli at 10/10/2024 - 10:38
Correction to my spelling mistake..
They have no idea what landlords have to do or understand the otiblfms we face, yet still legislate to make things more difficult

Should be

They have no idea what landlords have to do or understand the problems we face, yet still legislate to make things more difficult

LaLo

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16:31 PM, 10th October 2024, About 2 months ago

When the new periodic tenancies start - I’ve not been able to find any info’ that states whether they will be periodic or statutory! Also, S21 is not that wonderful anyway, if the tenants don’t leave - it can drag on through the courts for months before eviction. To state tenants are to give 2 months notice is ridiculous - tenants go when it suits, end of story! The whole thing should be renamed ‘The Tenants Charter’!

Stuart Smithers

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16:37 PM, 10th October 2024, About 2 months ago

These government organisations don't move quick. Digitisation is years away (if in our lifetimes). Rayner is bringing in her wrecking ball and just doing away with S21 and to clog up the courts. Very irresponsible.

Ryan Stevens

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16:54 PM, 10th October 2024, About 2 months ago

Reply to the comment left by Stuart Smithers at 10/10/2024 - 16:37
If digitisation is brought in for courts then it will be a mess. The calibre of staff is generally very low (if there are actually any staff to contact!).

Let's not forget that we also have MTD for Income Tax coming in soon, this will be another expensive, time consuming fiasco for landlords to deal with!

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