Landlords and the Renters' Rights Bill - A Guide from Farrell Heyworth

How can I regain possession of my property now that I can't use Section 21 "no-fault" evictions?

Section 21 is being phased out, which means landlords can't evict tenants without giving a reason. But that doesn't mean you can't regain possession - it just has to be done through the proper legal grounds. These are Section 8 grounds and include serious rent arrears, anti-social behaviour, or if you plan to move into or sell the property. You'll need to follow a clear process and provide evidence. However, taking back control of your property fairly is still possible. Farrell Heyworth can guide you through the new process, ensuring that all grounds for possession are properly followed and you remain compliant.

What new grounds for possession are available to landlords, and what conditions do they require?

Several new or revised grounds are being introduced. Key ones include:

• Landlord selling the property - You must give evidence of genuine intent to sell and can't re-let it soon after.
• Landlord or close family moving in - Again, you'll need to prove it's for genuine use and not to get around the rules.
• Repeated rent arrears - New rules target tenants who regularly fall behind, even if the arrears are cleared before court.
• Anti-social behaviour - Expanded definitions help landlords take action quicker in difficult situations.

Each ground requires a notice period; all grounds must go to court as per the Section 8 notice. Farrell Heyworth can assist you with the paperwork and help you navigate this process, ensuring you meet the legal requirements at each stage.

I want to move back into my rental - how can I legally evict the tenant under the new rules?

You can use the revised ground where a landlord or close family member wants to move in. This will only be allowed after the initial six-month period of the tenancy. You'll need to provide notice and show that you, or a family member, genuinely plan to live there. It's important to note that a notice from a landlord can't expire sooner than the first 12 months of the tenancy. In most cases, landlords will be required to provide four months' notice. Farrell Heyworth can help ensure that you provide the correct notice and follow the proper procedures to avoid any potential pitfalls.

If I plan to sell my rental property, what process do I need to follow to ask the tenants to leave?

To evict a tenant because you're selling the property, give correct notice and use the proper possession ground. Again, you'll need to show that the sale is genuine. Evidence might include an estate agent listing, conveyancing paperwork, or a statement of intent. This rule is designed to stop landlords from using "fake" sales to remove tenants unfairly. A notice from a landlord can't expire sooner than the first 12 months of the tenancy, and in most cases, landlords will be required to provide four months' notice. Farrell Heyworth can help you with the documentation and ensure your sale is in line with legal requirements.

Is there a minimum period a tenant must have been in the property before I can evict them?

Yes. Under the new law, landlords won't be able to serve a notice to quit during the first eight months of a tenancy (except in serious breach cases like non-payment or misconduct). This gives tenants more initial stability and stops constant churn in the rental market. However, a notice from a landlord can't expire sooner than the first 12 months of the tenancy. Some grounds may not have protected periods, but Farrell Heyworth can help you navigate these complexities.

What notice period do I have to give tenants?

In most cases, landlords will need to provide four months' notice. Shortening notice periods may apply for more serious breaches (like anti-social behaviour). However, if the tenant doesn't leave voluntarily, you'll still need to go through the courts to enforce possession. Farrell Heyworth can assist in ensuring the correct notice period is provided, so you're compliant with the new law.

Can I evict a tenant who frequently pays late or is often behind on rent?

Yes - new grounds are being added for tenants who repeatedly fall behind, even if they clear arrears before court. If a tenant has been behind on rent for at least two months on three separate occasions within three years, that's now valid grounds for eviction. However, this rule may require further clarification as at present the current reading of the legislation suggests will only be mandatory under ground 7a when the tenant has been convicted of an offence. Otherwise it will be ground 14 which is discretionary. Farrell Heyworth can help ensure that you understand the specifics and follow the correct legal procedure for rent arrears evictions.

Will evictions take longer now, and are there any plans to improve the court process?

Evictions may take longer if tenants contest them, but the government has promised to streamline the court system. There will be new digital systems and more resources for judges to speed up possession hearings. However, landlords should still expect delays compared to the old Section 21 route. Farrell Heyworth can assist with managing your eviction process and help you stay on top of the latest updates regarding court procedures.

Can I still offer fixed-term tenancy agreements, or are all contracts going to be periodic now?

Periodic (open-ended) tenancies will replace fixed-term tenancies. You can no longer lock tenants in for six or twelve months. This gives tenants more flexibility - but you still have legal grounds to regain possession if necessary. It's important to adjust your approach to reflect this shift. Farrell Heyworth can help you adapt your tenancy agreements to align with the new rules.

What happens to the tenancy agreements I have in place once the law changes?

The current reading of the legislation is unclear on this point. It is suggested that existing fixed-term agreements will continue until they expire. However, it's important to note that there is the possibility that all tenancies, regardless of the stage of the term, will change to periodic immediately. There is also no guarantee that you won't have to rewrite tenancies, although this seems unlikely. After
the current term, they will automatically convert to periodic tenancies under the
new rules. You may need to rewrite contracts, and how you handle notice, rent, and possessions will change. Farrell Heyworth can provide expert advice on how to handle this transition smoothly.

How much notice must a tenant give me if they want to leave?

Tenants will generally need to give two months' notice. This allows you to plan and avoid unexpected voids. You'll want to keep communication open with your tenants so you're not caught off guard. Farrell Heyworth can help ensure that all parties are aware of the correct notice periods and stay in compliance.

Can I require more than one month's rent upfront from tenants?

Under the new Renters' Rights Bill, the ability to ask for rent upfront will be completely removed. If passed you will no longer request multiple months' rent in advance. Farrell Heyworth can guide you through the updated rules around rent payments, ensuring you're fully compliant.

How can I increase the rent during a tenancy, and how often is that allowed?

Rent increases will be limited to once per year under periodic tenancies, with at least two months' notice required. You can't include rent hikes at random or more frequently than that, and tenants have the right to challenge unfair increases via a tribunal. Farrell Heyworth can advise you on fair rent increases and help you stay within legal limits.

Is there any limit on how much I can raise the rent?

There's no cap or freeze on rent, but if your increase is far above local market rates, a tenant can challenge it. The tribunal will decide what a fair rent is based on similar properties. So while you can raise rent, it must be reasonable and justified. Farrell Heyworth can assist with ensuring your rent increases are fair and compliant with the law.

Do I have to allow pets in my rental property now?

Tenants will have the right to request a pet, and landlords must consider it fairly. You can't issue a blanket "no pets" policy anymore. If you refuse, you must provide a good reason, such as headlease restrictions or property suitability. Farrell Heyworth can help you manage pet requests and ensure you're following the right procedures.

On what grounds can I refuse a tenant's request to keep a pet?

Valid grounds include if the property is unsuitable (e.g., a flat with no outdoor space), if it would breach lease terms, or if your insurance doesn't allow animals. The refusal must be made in writing within 42 days of the request and clearly explain why. Farrell Heyworth can guide you through the proper process and ensure your decisions are legally sound.

Are there new rules on saying "No DSS" or refusing applicants with children?

Yes. Blanket policies like "No DSS" or "No children" are now considered discriminatory. You must assess tenants on a case-by-case basis. Refusing someone because they claim benefits or have children can lead to legal action or fines. Farrell Heyworth can assist with making sure your tenant vetting processes are non-discriminatory and comply with the latest regulations.

How do I ensure I'm not inadvertently discriminating while still vetting tenants properly?

Make sure your vetting process is consistent and based on facts - such as credit checks, references, and affordability - not personal situations. Avoid wording in adverts that exclude certain groups, and document your decisions clearly. Farrell Heyworth can help you establish a fair and legal tenant vetting process.

What is the new landlord registration database, and what must I do to comply?

A new national landlord portal is being introduced. Register, upload key property details, and confirm compliance with safety rules and legal responsibilities. It's designed to increase transparency and crack down on rogue landlords. Farrell Heyworth can assist you in ensuring you are registered and meet all compliance requirements.

What happens if I don't register on the new landlord database?

Failure to register could result in fines or being barred from letting property legally. The database will be publicly accessible; tenants can check if their landlord is registered and compliant. Staying on top of this requirement once it's rolled out is essential. Farrell Heyworth can provide guidance to ensure you're fully compliant with the new registration system.

Do the new laws change how guarantors are tied to tenancies?

Yes. Guarantors will be more clearly linked to the specific tenancy agreement and its terms. If the tenancy changes (e.g., rent is raised or a new tenant is added), the guarantor may need to be informed or provide renewed consent. This protects both parties and avoids confusion. Farrell Heyworth can help you manage guarantor agreements and ensure that you're compliant with the updated rules.

Being a landlord is about to get more regulated, but that doesn't mean it has to become more difficult. With the right knowledge and preparation, you can stay compliant, protect your investment, and keep your tenants happy. The Renters' Rights Bill is designed to create balance - and with guides like this from Farrell Heyworth, you'll be ready to adapt and move forward confidently. Farrell Heyworth is here to help with all elements of the Renters' Rights Bill and ensure that your property management is fully compliant and in line with the law.