New Renters’ Rights Bill Would Ban ‘No Fault’ Evictions

A new Renters’ Rights Bill, introduced to Parliament today, would ban ‘no fault’ evictions and extend Awaab’s Law to the private rental sector, reports Housing Today.

The new legislation goes beyond the measures proposed by the previous Conservative government in its Renters Reform Bill, which failed to pass into law before the general election was called in the summer. As well as abolishing Section 21 evictions for both new and existing tenancies, the legislation would also introduce other protections for tenants. The Decent Homes Standard will be applied for the first time to the private rented sector, where 21% of homes are currently considered non-decent. Landlords who fail to address serious hazards could be fined up to £7,000 by local authorities and may face prosecution for non-compliance.

The government believes the new rules, which would require a landlord to provide a valid cause to end a tenancy early, will end a major driver of homelessness. Last year, nearly 26,000 households faced homelessness as a result of a Section 21 eviction and had to go to their council for support. Deputy prime minister, Angela Rayner, said: “Renters have been let down for too long and too many are stuck in disgraceful conditions, powerless to act because of the threat of a retaliatory eviction hanging over them. Most landlords act in a responsible way but a small number of unscrupulous ones are tarnishing the reputation of the whole sector by making the most of the housing crisis and forcing tenants into bidding wars. There can be no more dither and delay. We must overhaul renting and rebalance the relationship between tenant and landlord. This Bill will do just that and tenants can be reassured this Government will protect them.”

The application of Awaab’s Law to the private sector will require landlords to follow strict timescales to inspect and repair hazards, including damp and mould. The legislation would also introduce a ban on rental bidding wars, in-tenancy rent increases and the abolition of blanket bans on tenants with children or those in receipt of benefits. A new private rented sector database would also be created to inform tenants and help councils focus on enforcement.

Rachael Williamson, head of policy and external affairs at Chartered Institute of Housing welcomed the bill as a “significant step towards creating fairer, more secure housing for millions of renters”. “Everyone should have access to safe, affordable, and stable homes, with clear redress if needed,” she said. “We look forward to working with the government to support the Bill’s implementation, helping to build a housing system that meets the needs of all.”

Tom Darling, director of the Renters’ Reform Coalition, commended ministers and officials for making the bill one of the first introduced in this parliament. “This is a stronger piece of legislation than the previous attempt, it includes longer eviction notice periods and a longer eviction-free ‘protected period’ from the start of a tenancy,” he said. But he warned that “abuse” of eviction powers under the new system “could be rife”, citing lessons learnt from Scotland’s attempts at renter reform, and said it was “ essential the bill contains thorough safeguards”. “Finally, this draft law has little to say about one of the biggest issues facing renters – cost. ‘Economic evictions’ through rent rises are a major factor in homelessness and insecurity,” he said.  “We will continue to call for a cap on rent increases within tenancies, to keep more renters in their homes for longer.”

Ian Fletcher, director of policy (real estate) at the British Property Federation, said his organisation welcomed many of the bill’s provisions. “Our primary concern remains the ability of the courts to deal with the increased workload that will come their way without s21, which is why we had taken a hard line with the previous Government to secure court improvements ahead of the legislation being passed,” he said.

A series of amendments added to the last government’s attempt at renter reform, ultimately shelved, would have resulted in the indefinite delay of ending Section 21 evictions until a review of the courts system was completed. “We can see why the new Government wants to inject new pace into reform, and it has made some reassuring commitments to continue to improve the courts,” said Fletcher. “Without court reform and improvement, the new system won’t work well and deliver fair access to justice.”