Conor Maher

Senior Associate Solicitor

DATE PUBLISHED: 12 Sep 2024 LAST UPDATED: 12 Sep 2024

What the Renters’ Rights Bill Means for Landlords and Letting Agents

The UK Government’s Renters’ Rights Bill, introduced to Parliament on 11 September 2024, represents one of the most significant overhauls to the private rental sector in years. For landlords and letting agents, it brings both challenges and new responsibilities that will have a direct impact on how tenancies are managed.  

While the reforms are aimed at increasing tenant protections, they also require you to adapt your practices. Let’s break down the key provisions and what they might mean for landlords and letting agents once enacted. 

Abolition of Section 21 No-Fault Evictions 

Perhaps the most high-profile change is the abolition of Section 21 evictions (sometimes referred to as ‘no-fault’). This means landlords will no longer be able to evict tenants without providing a reason. While this reform is designed to increase security for renters, it raises concerns for landlords about navigating a more complex eviction process. 

Without Section 21, landlords will need to rely on specific legal grounds to remove tenants, such as rent arrears or breach of tenancy terms. However, there are widespread concerns within the industry about the ability of the courts to handle an expected increase in cases. Delays could (and likely, will) extend eviction timelines, adding financial and administrative burdens to landlords who are already facing challenging market conditions.  

Impact: If you currently rely on Section 21, it’s essential to review your tenancy agreements and consider how to better manage tenant relations. Keeping clear records of any issues or breaches will be crucial if disputes arise, as will keeping on top of missed rent payments. 

Banning of Rental Bidding Wars 

The ban on rental bidding wars is another key provision that will directly affect letting agents and landlords in competitive markets. Previously, some landlords would encourage prospective tenants to outbid each other, driving up rents in high-demand areas. Under the new bill, landlords and agents will be required to publish a fixed asking rent and will no longer be able to accept bids above that price.  

While this aims to create a fairer rental market, particularly in areas facing housing shortages, some experts worry it could push landlords towards short-term lets (like Airbnb) as a more profitable alternative.  

Impact: You’ll need to be transparent about rental pricing and adjust your expectations if you’ve previously benefitted from competitive bidding. In areas of high demand, this could lead to financial adjustments for landlords. 

Restrictions on Rent Increases 

The bill also introduces limits on rent increases, which will be restricted to once per year and must reflect the market rate. Mid-tenancy rent hikes will no longer be allowed, which will require landlords to be more strategic in setting rents at the start of the tenancy.  

For landlords, this creates greater certainty for tenants but less flexibility to respond to rising market rates or inflation. Letting agents may also see changes to their fee structures as their role in negotiating rents becomes more constrained. 

Impact: It’s important to review your rent-setting strategy and factor in potential market shifts when creating tenancy agreements. Ensuring your initial rent reflects fair market value is more critical than ever. 

Pets in Rental Properties 

The pets provision is another area of interest. Under the new bill, tenants will have the right to request a pet in their rental property, and landlords will be required to consider these requests reasonably. If a landlord refuses, it must be on reasonable grounds, such as the property not being suitable for pets.  

However, landlords are permitted to ask for pet insurance to cover potential damages. This strikes a balance between protecting tenants’ rights and providing some financial security for landlords. 

Impact: Be prepared for an increase in tenant requests for pets. You may want to update tenancy agreements to include clauses on pet ownership and consider requiring insurance as standard. 

Enforcement and Penalties 

The bill gives local councils greater enforcement powers, with the ability to fine landlords up to £7,000 for breaches of the new rules. This includes failure to comply with the ban on rental bidding wars or refusal to address substandard living conditions under the Decent Homes Standard, which is being extended to the private sector.  

Impact: Compliance will become a greater focus for landlords and letting agents. Ensuring that your properties meet legal standards and that you follow the new rules will be essential to avoid penalties. Consider conducting audits of your properties to ensure they meet the required standards before these provisions come into force. 

Conclusion: Preparing for Change 

The Renters’ Rights Bill introduces sweeping reforms that will change how landlords and letting agents operate. While the bill aims to provide greater security for tenants, it also requires a shift in how tenancies are managed. The abolition of Section 21, restrictions on rent increases, and the new transparency rules around rental bidding are just a few of the major changes coming your way. 

To navigate these changes effectively, landlords and letting agents need to stay informed, review their current practices, and prepare for a more regulated rental market. This might involve revisiting tenancy agreements, adjusting rent-setting strategies, and ensuring properties meet the new legal standards. 

By preparing now, you can ensure a smoother transition and continue to operate successfully in a shifting market. If you need legal advice or support in adapting to the new rules, please get in touch with our team of experienced property solicitors on 01202 525333 or by emailing resolution@ellisjones.co.uk.   

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