The Renters Reform Bill: What it means for UK landlords.
July 28, 2023
A few weeks ago the Renters Reform Bill created a lot of headlines with its first reading in Parliament on 17th May. Billed to “bring in a better deal for renters,” in this blog post we’ll cut through the bluster and take you through its main points, outlining how it could affect you as a UK landlord.
Before we proceed with the contents of the bill, it’s worth pointing out the RRB is a long way off becoming law yet. So far, the bill has only been tabled for its first debate, with no current date for its second reading. After that it will have to pass through committee stage where every line will be scrutinised and debated, after which it still has EIGHT further stages to pass through in the House of Commons and House of Lords before it becomes law, via royal assent. Thereafter, there will be a six – 12-month window for landlords to get compliant. All that to say, that we see this as a long way off and agree with some industry insiders who say that parts of it are potentially unenforceable. It does provide a useful window into the direction of the government’s housing policy, but we can’t stress enough that it’s likely to undergo revision so landlords shouldn’t read too much into it yet.
There are two parts to the bill: Firstly, the overhaul of ASTs to be replaced by ‘periodic’ tenancies and secondly, the establishment of a system of accountability and professional standards for landlords. The impetus for both elements of the bill, is largely a response to ‘criminal’ elements in the private rented sector and also a number of high-profile cases in the UK news cycle of debilitating living conditions in private rental properties. Thus, those landlords who keep their properties in good repair and retain reliable lettings agents in sourcing their tenants have little to worry about.
What will happen to ASTs under the Renters Reform Bill?
ASTs – or Assured Shorthold Tenancies – are the most common type of tenancies in the UK, either over a fixed term or rolling periodic basis. Under the RRB, ASTs would be replaced by periodic tenancies where either landlord or tenant must give two month’s notice if they wish to end the tenancy.
Much hullaballoo has been expressed about what this means about the scrapping of Section 21 and “no fault” evictions. On closer examination, landlords who enjoy good relations with their tenants have little need to worry and will benefit from a ‘strengthened Section 8’ in its place.
This ‘strengthened section 8’ will mean landlords continue to have the power to evict tenants on a non-contested basis for rent arrears, anti-social behaviour or if they wish to sell, redevelop or move themselves – or a close family member – back into the property.
Rent review clauses will not be allowed to be included in tenancy agreements. The bill accommodates that rent can be reviewed NOT more frequently than once a year or on two months’ notice from the landlord. Tenants will have the right to challenge rent increases if it is above market price, although the arena for which these rent challenges will be played out in has yet to be established as UK courts are already at capacity with further stress on caseloads incredibly unwelcome.
How will landlords be held accountable under the new Renters Reform Bill?
With the profits private landlords can make, particularly in the current rental climate, it should be no surprise that the government would move to regulate the industry further – as has always been the case with other investment asset classes such as stocks and shares. The two-pronged approach to accountability that the bill adopts could be a welcome approach to flush out undesirable landlords and improve the quality of the UK’s rental stock.
Firstly, the bill aims to establish a new Private Rented Sector Ombudsman that will provide “fair, impartial and binding resolution to many issues and prove quicker, cheaper and less adversarial than the court system.” Many landlords already use tenant-dispute mechanisms, therefore this will come as business as usual.
Secondly, it will introduce a Privately Rented Property Portal clearly laying out a landlord’s legal obligations and a forum to demonstrate their compliance. A kind of tick list to demonstrate that a property is fully compliant before it is rented - and that which will form the basis of what they are calling a ‘Decent Homes Standard.’
Landlords found in breach of compliance will be subject to a two-tier system of fines, the first up to £5,000 and for more erroneous breaches up to £30,000 although again, considerable skepticism remains on how these will be enforced.
Pets – a point of contention?
The famous Battersea Dogs Home in London recently went on record to say that tenants moving home into rental properties that did not allow pets was one of the top reasons for animals having to be rehomed at the shelter. Since the UK appears to have become a nation of dog lovers, a trend that was rapidly accelerated during the pandemic, the RRB will now make it easier for renters to have pets. But, this will not come at a landlord’s expense.
Tenants who wish to move in with their pets will have to provide pet insurance to cover any damage to the property. Should this become law, we recommend this is a facet landlords must weigh in on heavily – ensuring they have the right cover for the property to avoid costly repair bills at the end of a tenancy.
How can I see the details of the Renters Reform Bill?
For readers who wish to see more details of the RRB, we recommend the following government site for an overview and if you’re so inclined you can also download the bill in its entirety (pdf) here.
Knight Frank also did a comprehensive review which we recommend as a quick read here.
We will of course continue to keep you updated on the bill’s progress and any significant amendments made.
FEATURED PROPERTY
THE GOLDFINCH APARTMENTS,
HENDON WATERSIDE, LONDON
Located in a major area of regeneration, Hendon Waterside is a new residential and award-winning community for North London; 2,000 homes across 30 acres. Regeneration zones like this one are noted for their huge impact on residential prices.
RICHARD BRADSTOCK
RPA Group Managing Director
about the AUTHOR
RPA’s founder, Richard has worked in residential development investment for 20 years and oversees the general running of the business ensuring the RPA Group retains true to its founding principles. Over his career Richard has built an incredible network of international property investors and like-minded industry professionals. The RPA Group was born out of a duty of care to provide property investors with an industry-leading and integral service, one that connects investors with quality and desirable investment opportunities, whilst providing reliable and trustworthy market commentary and analysis alongside, enabling investors to make the best, most-educated decisions for them.