Renters Rights Act

One of the main objectives of the Renters Rights Act is to enhance security of tenure for tenants. The government intends to do this by removing the ability for a landlord to end a tenancy through a ‘no-fault eviction’. Section 21 notices will be replaced with new and strengthened Section 8 grounds. Notice periods vary depending on the ground for possession used, with some not able to be used within the first year of a tenancy (click here for more information on the possession grounds – https://www.gov.uk/government/publications/guide-to-the-renters-rights-bill/guide-to-the-renters-rights-bill).

Rent increases will be limited to once per year and must be in line with market rent. No pre-agreed rent increases can be included in tenancy agreements. Tenants must be given at least two months’ notice of a rent increase through the service of a prescribed form (Section 13 notice). Tenants will have the ability to contest any excessive or unfair rent increases through a tribunal.

• Removing the ability for landlords to demand upfront or advance rent payments. All rent will be payable by tenants monthly, on the due date. In the first month of the tenancy, only one’s month rent can be accepted. In subsequent months, tenants can voluntarily pay more but cannot be required to do so (this will not apply to tenancies which pre-date the Renters Rights Act, where advance rent payments can be accepted).
• Likewise, landlords cannot accept offers from tenants where the rent exceeds the published ‘asking rent’.
• A blanket ban on refusing tenants for factors such as receiving benefits and having children. Landlords can still carry out affordability checks and not grant a tenancy based on income.
• Tenants will be able to request permission to keep a pet in a property. Permission cannot be unreasonably refused by landlords and must respond to a tenant request within 28 days.