Labour’s Renters’ Rights Bill has passed the committee stage in the House of Commons and will have hurtled through the report stage in the coming weeks so, given the government’s majority, it looks likely to make its way to Royal Assent without significant further amendment.
Over the coming weeks, the Grant Saw property litigators will take an in depth look at the coming Act and post a series of articles exploring the various elements of the Bill and offering practical guidance to landlords and tenants on what to expect.
The Main Changes to the Law
As the name suggests, the proposed legislation will try to move the balance of power away from residential landlords and towards tenants. It does so by creating a raft of new rights for tenants, abolishing fixed term tenancies and Section 21 for possession claims, introducing far reaching reforms to Section 8, bringing in numerous new obligations on landlords and threatening significant penalties for failing to comply with the new laws.
Court Reform
The previous Government’s Renters’ Reform Bill included ‘court reform’ criteria. Their bill would not have been brought into force (even after Royal Assent) until the Secretary of Housing Communities and Local Government received a report from the Lord Chancellor and Justice Secretary attesting to significant and substantial court reform. This contingency has been removed in its entirety.
Since the abolition of Section 21 takes with it the hearing-free ‘accelerated procedure’ possession route we are likely to see a rise in Section 21 possession claims before the Bill becomes law as well as an inevitable rise in Section 8 claims post commencement. Accordingly, the current timescale for possession claims – that is a best-case scenario of 8-12 weeks between filing a claim and a possession order – looks likely to be significantly increased.
Forewarned is Forearmed
Looking at the parliamentary timetable, it is likely that the new laws will be on the statute books early next year so now is the time to take a close look and prepare. Our property litigators are on hand to assist with this process and you can check back here over the next few weeks as they will be looking at:
- Abolition of Section 21 and the Future of Possession Proceedings
- Section 8: New Grounds for Possession Claims
- New Rights for Tenants: Rent, Disrepair & Pets
- The Obligations on Residential Landlords: Private Rented Sector Database & Ombudsman
- Financial Penalties for Landlords
Please click here for further information about possession claims and if you would like advice in respect of the Bill or a possession claim you can contact us through our website.