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What does the Renters’ Rights Bill mean for the future of rented housing?

GK Associate Director, Will Blackman, explores what the government’s new Renters’ Rights Bill means for the future of rented housing in England.

The government’s Renters’ Rights Bill completed its passage in the House of Commons this week and is expected to receive Royal Assent in the coming months following the completion of its Lords’ stages. What does this significant piece of legislation mean for the private rented sector and the housing market as a whole?

The origins of this bill go back several years. The Theresa May government in 2019 first consulted on reforms to rebalance the rights and responsibilities of landlords and tenants, which included the ability of landlords to issue Section 21 notices, or so-called ‘no-fault’ evictions. This change continues to sit at the heart of the bill and is intended to give greater stability and security of tenure to tenants.  It also provides landlords with reformed and expanded grounds for seeking possession of their properties under Section 8 of the Housing Act 1988. This includes cases where the landlord wishes to sell or to move into the property themselves. Other measures include stricter requirements around rent increases, the creation of a new ombudsman, new requirements on landlords to remedy mould and damp problems and a new right for tenants to request a pet.

The last Conservative government introduced its own version of this legislation – the Renters’ Reform Bill – however this fell away following the dissolution of Parliament ahead of the General Election. The Labour government’s version of the bill – now the Renters’ Rights Bill – includes some significant differences to its predecessor, almost all to the benefit of tenants rather than landlords. For example, tenants must now be in three months of rent arrears before landlords can seek possession, rather than the two months proposed by the Conservatives; the grace period after which landlords can seek possession in order to sell the property has also been doubled from six to twelve months and the notice period extended from two to four months. Moreover, the current version of the bill gives tenants new rights to terminate a tenancy from day one with two months’ notice – something previously not allowed under the last bill until at least four months after a tenancy started. This would have effectively created a minimum six-month term.

These reforms are the most significant changes to the regulation of the private rented sector for over 35 years. The residential landlord sector has been careful not to be seen opposing the legislation outright given the unhelpful optics around this. However, many individual landlords are concerned that the balance has tipped too far away from them, potentially leaving many unable to take back possession of their properties in reasonable circumstances. Court backlogs have provided an additional layer of concern, with delays in processing evictions claims already persisting in many parts of England, with many landlords calling for significant improvements in order to allay their concerns.

Some industry leaders such as Propertymark and the National Residential Landlords Association have warned that the proposed provisions could lead to landlords withdrawing from the sector, in turn limiting supply and driving up rents. The Ministry of Housing, Communities, and Local Government’s own impact assessment does not predict an exodus of landlords from the sector. Indeed, landlords have been subject to a raft of regulatory and tax changes since 2015, but these have not resulted in significant divestment from the private rental market, which many had predicted at the time.

However these changes play out in the long term, individual and institutional investors in the private rented sector will need to grasp this new regulatory landscape quickly, especially given its wide-ranging impacts for the sector and the prospect of significant disruption to their portfolio. It is the case that home ownership remains unaffordable for many and this is unlikely to change in the near term. However, as the government looks to tip the balance in favour of tenants, it is vital that investors engage with the new regulatory landscape to ensure they are well prepared and can take steps to insulate themselves from any emerging risks.

To discuss the government’s housing policy reforms in more detail, please contact Will Blackman at will@gkstrategy.com

GK Point of View - Will Blackman on reforms to the private rented sector

GK Point of View – Will Blackman on reforms to the private rented sector

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GK Associate Director, Will Blackman, takes a look at the reforms to the private rented sector contained in the Department for Levelling Up’s recent White Paper.  

This week the Government finally published its long-awaited White Paper on reforms to the private rented sector with its two central proposals consisting of, first, new measures to reform landlords’ grounds for repossession and, second, initiatives intended to tackle poor quality rental properties. The White Paper has been a very long time in development and comes almost three years after the Government originally consulted on its proposed reforms.

The Government’s proposed reforms would undoubtedly see the biggest shift in the balance of rights between landlord and tenant for over three decades. However the challenge for ministers and officials has been to find the optimum balance between greater security of tenure for tenants whilst, at the same time, ensuring landlords remain able to legally take back possession of their property where they have reasonable grounds to do so.

The headline proposal in the White Paper is the abolition of Section 21, or so-called ‘no fault evictions’, where landlords can evict their tenants at two months’ notice without needing to give a reason. At present landlords ordinarily seek possession of their property in one of two ways – by serving a Section 21 notice, or by serving a Section 8 notice, which enables them to evict their tenant providing certain grounds have been met, such as rent arrears or wanting to sell the property. To compensate for the abolition of Section 21, ministers are proposing to expand the grounds set out under Section 8 so that they cover a wider range of scenarios, such as anti-social behaviour. On the surface this sounds reasonable; however many landlords argue that they only use Section 21 because the court process needed to give effect to a Section 8 notice takes too long and is too convoluted. Whilst ministers are proposing reforms to the relevant court processes, in response to such concerns, only time will tell if it will be sufficient to maintain a healthy balance in the rights between landlords and their tenants.

Other measures in the White Paper have similarly been in the pipeline for some time, particularly to address the minority of so-called ‘rogue landlords’ and to enhance tenants’ rights to challenge poor landlord practice. This includes the creation of a new ombudsman to settle disputes between landlords and tenants, and the creation of a new national landlord register. The previously announced extension of the Decent Homes Standard to the private rented sector is also intended to create a minimum acceptable standard of accommodation and to remove the sometimes significant divergence in housing quality between the social and private rented sectors. The headline-grabbing announcement of a new legal right for tenants to have a pet in their home is something that many have been calling for; however it is the proposed outlawing of landlords refusing to let their properties to benefits recipients that could worry many across the sector.

Indeed, whilst the reforms overall are finely balanced, the big unknown is whether this package of changes will have an adverse effect on investment in the private rented sector going forwards..There is little doubt that these reforms will deliver on the Government’s intention to enhance the experience of those renting in the private sector. However there is a danger that some landlords, particularly with smaller portfolios, decide that letting a property is now simply too much hassle – particularly when considered alongside other tax and regulatory measures introduced in the last decade which have made letting property less financially attractive and which could see some opting to leave the sector. The knock-on effect this could have on the supply and affordability of private renting might well be significant.

The glaring omission from the White Paper is any clarity on the previously proposed new minimum energy efficiency requirements for private rented properties. In 2020 ministers proposed introducing a minimum EPC C standard for new tenancies from 2025, and all tenancies from 2028 – but the Government has said little about the matter since then. It is this requirement that is really concerning many in the sector, as they face the prospect of large bills for upgrading their properties to the new minimum standard, which could be a particular challenge for those with older houses. Ministers will need to provide clarity on this matter soon if they are to avoid significant unintended consequences for housing supply in the coming years.