The Renters' Rights Bill Explained - A Complete Guide for Tenants in England

When will the Renters' Rights Bill become law, and will the changes happen simultaneously or in stages?

The Renters' Rights Bill has not yet become law. It's currently going through Parliament and is expected to pass in stages. Once approved, different parts of the law will come into force over time - not all at once. This phased approach allows letting agents, landlords, and tenants to adjust to the new rules. The first changes will likely apply to new tenancies, with existing ones following later. However, there is the possibility that all tenancies will change immediately as the law is evolving rapidly. Farrell Heyworth is here to guide you through these transitions, ensuring you understand and comply with the changes as they unfold.

Does the new law apply to existing tenancy agreements or only to new tenancies signed after it's in force?

Initially, the current reading of the legislation suggests that the new rules will apply to new tenancies that begin after the law is in effect. Over time, existing tenancies will also shift to the new system. This means tenants in long-term or rolling agreements may not see immediate changes but will be brought under the new protections after a transition period. However, there is the possibility that all tenancies, regardless of the stage of the term, will change to periodic tenancies immediately. Farrell Heyworth can assist you in understanding how this will apply to your tenancy and keep you informed about the legal implications.

Are any rentals or agreements exempt from these reforms?

Yes. Certain types of housing are excluded from some parts of the reforms. This includes student halls of residence, holiday lets, and lodgers who live with their landlord. These exceptions exist because these housing types already follow different rules or operate short-term by nature. Farrell Heyworth can help clarify any questions tenants or landlords may have regarding which types of tenancies are affected by the new laws.

Is the Renters' Rights Bill applicable across the whole UK or just in England?

The Bill only applies to England. Housing laws in Scotland, Wales, and Northern Ireland are set separately. Tenants in those regions should check the local laws that apply there, as they already have similar but independent reforms. Farrell Heyworth specialises in English property law and can assist tenants and landlords in understanding how the Renters' Rights Bill will impact their rental agreements and legal obligations in England.

What's the difference between this Renters' Rights Bill and the earlier Renters (Reform) Bill?

The Renters' Rights Bill is a refined and updated version of the earlier Renters (Reform) Bill. While the earlier Bill laid the groundwork, the current Bill includes more detailed rules, improvements, and stronger enforcement measures. It's a more developed continuation of the same effort to protect renters. Farrell Heyworth can help both tenants and landlords understand the differences between the two Bills and how they impact rental agreements moving forward.

Why are these changes being introduced?

The Bill is being introduced to tackle major issues in renting - unfair evictions, poor housing standards, and lack of security. The goal is to make renting fairer and safer, especially for families, low-income renters, and those vulnerable to sudden loss of housing. Farrell Heyworth can help ensure that all parties are fully compliant with the law, especially in areas related to property management and tenant relations.

How will the new rules be enforced?

Enforcement will be handled mainly by local councils, who will have greater powers to fine landlords or take action when rules are broken. A new national landlord ombudsman will also be introduced, allowing tenants to raise complaints and have them independently reviewed and resolved. Farrell Heyworth can support landlords and tenants in understanding the enforcement mechanisms and how to ensure compliance with these new rules.

What impact might these changes have on the rental market?

While some landlords may sell up or change their approach, the overall goal is a healthier rental market with long-term stability for tenants and responsible landlords. Over time, these reforms aim to cut down on unfair practices and reduce stress for renters. Farrell Heyworth is here to offer advice to landlords to help them adjust to these new rules, ensuring smooth operations and compliance with the new system.

Can my landlord still evict me without a reason?

No. The abolition of Section 21 means landlords can no longer evict tenants without giving a reason. Evictions must now be based on legal grounds, such as rent arrears or serious misconduct. Farrell Heyworth can help both tenants and landlords navigate the process for valid evictions under the new rules, ensuring the proper legal grounds and processes are followed.

What legitimate reasons can my landlord use to evict me?

Landlords can evict tenants if they fall into significant rent arrears, engage in anti-social behaviour, or if the landlord genuinely needs to move in or sell the property. However, this list is not exhaustive. There are other legitimate reasons for eviction, but they must be backed by evidence, and proper notice procedures must be followed. Farrell Heyworth will assist with eviction processes to ensure that the legislation is followed and the proper legal grounds are met.

What happens if my landlord wants to sell the property or move in themselves?

They can still regain possession but must provide notice and follow legal steps. Tenants will have time to make arrangements and won't be removed suddenly or unfairly. Farrell Heyworth can help landlords navigate this process to ensure that all legal requirements are met and tenants are treated fairly throughout.

How much notice will I get if I'm being evicted?

In most cases, tenants must receive at least two months' notice. However, the Renters' Rights Bill is looking to change this to four months. The exact time will depend on the reason for eviction and the tenancy situation. Farrell Heyworth can help ensure that landlords follow the proper notice periods and that tenants are fully aware of their rights under the new system.

How early in the tenancy can a landlord serve notice?

New rules will introduce a minimum period before a landlord can serve notice, protecting tenants in the early stages of their tenancy. This ensures renters aren't moved on unfairly in the first few months. However, anti-social behaviour or criminal conduct may allow for immediate action. Farrell Heyworth can provide guidance on the early stages of a tenancy and help both landlords and tenants understand when notices can be served.

Will the end of fixed-term leases affect how long I can stay in my home?

Yes - but in a positive way. With open-ended tenancies, you can stay as long as you like unless there's a valid reason for eviction. This gives tenants more security and control over their living situation. Farrell Heyworth can assist landlords in transitioning to open-ended tenancies and help tenants understand the new security they have in their homes.

What will happen to my current fixed-term tenancy?

At present the reading of the legislation suggests your current agreement will stay valid until it ends. After that, it will likely move to the new rules, becoming a rolling tenancy with more flexibility and protection for you as the tenant. However, it's also possible that all tenancies, regardless of the stage of the term, will change to periodic tenancies immediately. Farrell Heyworth can help both landlords and tenants adjust to this change and ensure they are compliant with the updated rules.

Can I end my tenancy whenever I want?

Yes. Under the new system, tenants can leave anytime by giving proper notice - usually two months. If your situation changes, you won't have to stay locked into long contracts. Farrell Heyworth can provide guidance on how to properly end a tenancy and ensure that both parties understand their rights.

How much notice do I need to give?

Tenants will generally need to give two months' notice. This allows landlords time to find new tenants and prevents sudden departures that disrupt the rental cycle. Farrell Heyworth can guide you through the process of giving notice and ensuring you stay compliant with the rules.

Can landlords still ask for several months' rent upfront?

No. A key point of the Bill is to completely remove the ability to ask for rent upfront. Landlords will no longer be able to request multiple months' rent in advance. Farrell Heyworth can help tenants and landlords navigate these changes, ensuring fairness and compliance with the new laws.

Can my landlord raise the rent whenever they want?

No. Rent increases will be limited to once yearly, and landlords must give at least two months' notice. This rule helps tenants budget and prevents surprise hikes. Farrell Heyworth can provide support for tenants and landlords in managing rent increases and ensuring they are justified under the new rules.

What can I do if a rent increase seems too high?

You can challenge it by applying to a tribunal, which will assess if the increase is fair compared to similar local rents. If they find it unreasonable, it could be reduced. Farrell Heyworth can help you with the process of challenging unfair rent increases and ensuring you're treated fairly.

Will the Bill introduce rent caps or freezes?

Not at this stage. The Bill doesn't include rent control, but it does give tenants better rights to challenge increases and clearer rules on how and when rent can change. Farrell Heyworth can guide you on how to challenge rent increases if necessary.

Does the Bill help with mould, damp and disrepair?

Yes. It strengthens rules requiring landlords to fix health hazards like mould, dampness, and poor insulation. Landlords must act faster and could be penalised for delays or ignoring issues. Farrell Heyworth can help landlords ensure their properties meet the new standards and avoid penalties.

What is Awaab's Law?

Awaab's Law is named after a toddler who died from untreated mould. It introduces strict deadlines for landlords to fix health hazards quickly and is now being applied to private rentals as well. Farrell Heyworth can ensure that landlords comply with Awaab's Law and resolve issues quickly to avoid potential penalties.

What is the Decent Homes Standard?

This is a set of minimum standards for rented homes - covering safety, repairs, heating, and general upkeep. The Bill aims to apply this standard across all private rentals so tenants don't live in substandard housing. Farrell Heyworth can assist landlords in ensuring their properties meet the Decent Homes Standard.

What is the landlord ombudsman, and how can it help?

The ombudsman is a free, independent body that renters can turn to for complaints. Suppose your landlord ignores problems, acts unfairly, or breaches the law. In that case, the ombudsman can investigate and order them to fix things or pay compensation. Farrell Heyworth can provide support to both landlords and tenants in understanding how to use the ombudsman effectively.

Can I check if my landlord is registered or has a bad record?

Yes. A new online portal will be created for renters to check if their landlord is registered and compliant. It's designed to make landlords more accountable and transparent. Farrell Heyworth can help landlords ensure they are properly registered and compliant with the new system.

Can landlords refuse to rent to people with benefits or children?

No. Blanket bans like "No DSS" or refusing families will be illegal. Landlords must treat applicants fairly based on their ability to rent, not their situation. Farrell Heyworth can assist landlords in creating fair and legal tenant vetting processes to avoid discrimination.

What should I do if I face discrimination?

Keep a record and report it. Discrimination based on benefits, family status, disability, or race is illegal. You can challenge it through the ombudsman or local council if mistreated.

Renting should be fair, secure, and safe - exactly what the Renters' Rights Bill aims to achieve. While it's not law yet, big changes are coming. Knowing your rights is the first step to protecting yourself and living peacefully. Stay informed, ask questions, and don't be afraid to stand up for what's fair. Farrell Heyworth is here to help both tenants and landlords navigate these changes and ensure full compliance with the Renters' Rights Bill.