Key Facts

• The Renters (Reform) Bill was debated on Second Reading without Division.
• Clause 1 will remove fixed terms and limit rental periods to prevent unscrupulous landlords from imposing longer periods.
• Government new clause 2 requires landlords to refund rent in advance if the tenancy ends early.
• Government new clause 6 ensures tenants remain liable for council tax until the end of their tenancy agreement.
• The Housing Act 1988 introduced the assured tenancy regime in January 1989.
• Clause 1 of the Renters (Reform) Bill aims to make all future assured tenancies periodic and open-ended, removing fixed terms.
• Government new clause 6 seeks to manage the transition between tenancy regimes regarding council tax liability.
• Giles Peaker described the possession claims system as “well honed”.
• Simon Mullings stated that the civil procedure rules deal with possession claims very well.
• Richard Miller argued for seeing the new tenancy system put in place first to understand what a new digital system needs.
• The Government committed £1.2 million to begin designing a new digital system for possessions.
• The King’s Speech briefing note refers to improvements needed for court possession action process.
• The Government committed to abolishing section 21 evictions over four and a half years ago.
• Since the commitment, just under 80,000 tenants have been at risk of homelessness due to section 21 notices.
• The Government have had more than four and a half years to improve the court system but have failed.
• HMCTS's progress on delivering critical reforms is set to deliver less than originally planned after seven years.
• The project to digitise private family law was announced in 2020 with a completion deadline of December 2022, which has not been met.
• The Renters (Reform) Bill aims to end section 21 evictions.
• 23,000 households have lost their homes since the Government introduced the principle of the Bill.
• An additional 35,000 households could lose their homes if provisions do not come into effect until the end of 2024.
• MPs agree on the need for court and bailiff reforms.
• The original Act introduced assured tenancies expected to dominate but assured shorthold tenancies became dominant.
• Only a very small number require bailiffs after courts issue eviction notices.
• Gemma Marshall in north Devon has had to change her children's school three times due to frequent moves.
• Amy Donovan in London faces difficulties commuting to work due to moving multiple times.
• Clause 1 allows tenants to leave their tenancies if they need to, but Bailey emphasizes the importance of a regulatory framework.
• There is a need for localised, driven regulatory systems that deal with bad actors in the rental market.
• Clause 1 of the Bill aims to abolish section 21 no-fault evictions.
• Government new clause 18 deals with property abandonment and removal of provisions that would allow landlords to recover possession without a court order if tenants had abandoned properties.
• The Housing and Planning Act 2016 introduced provisions for landlord recovery of possession without a court order, which are being removed as they are inconsistent with the Bill's intentions.
• Clause 2 will remove section 21 of the Housing Act 1988.
• There is no maximum period specified in the Bill between the first and second implementation dates.
• The guidance on tenancy reform was published alongside the Bill on 17 May.
• Amendments extend greater hardship provisions to mandatory grounds for possession.
• Proposed new grounds 1A and 6A are included in the amendments.
• The amendments aim to provide courts with discretion to consider the consequences of eviction on tenants.
• Amendments 145, 146, and 150 seek to address greater hardship provisions in mandatory possession grounds.
• Grounds 1, 1A, and 6A are discussed as areas of concern.
• The statement raises the risk that ground 6A could be misused if not properly guided.
• Amendment 149 seeks to give the court discretion to refuse a possession order under Ground 6A if alternative actions can meet enforcement objectives.
• The amendment includes specific considerations such as management orders, reduction of overcrowding, provision of suitable accommodation, and alternative means of enforcing landlord defaults.
• The proposed amendment aims to protect tenants from eviction due to poor practice by landlords and discourage discouraging tenants from seeking enforcement action.
• Amendment 138 would add new provisions to clause 3, page 3, line 3.
• Landlords are required to submit evidence within sixteen weeks after an order for possession is made on grounds 1 or 1A.
• The evidence must include details of the state of occupation and progress of any sale of the property.
• Amendments require landlords to provide verified statements for eviction claims.
• Evictions under Grounds 1 and 1A are prohibited within two years of tenancy start or six months after rent increases.
• Landlords must offer tenants the right to buy at market value before selling under Ground 1A.
• Paragraphs in schedule 1 revise ground 1 for possession.
• A new mandatory ground 1A is introduced if a landlord intends to sell the property.
• Landlords are not required to provide prior notice under the amended Bill.
• Samantha Stewart gave an example of abuse involving Luke's eviction despite previous complaints.
• Amendments 138 and 139 require landlords to provide evidence before issuing notices.
• The protected period is currently six months but proposed to be extended to two years.
• Private rented tenants who complain about conditions or disrepair are two and a half times more likely to receive a no-fault eviction order than those who do not.
• Most landlords will not behave in abusive ways, but without stronger safeguards, thousands of vulnerable people could be evicted under grounds 1 and 1A.
• The National Residential Landlords Association has described the idea of renewing six-month protection on rent renewals as bonkers.
• Lloyd Russell-Moyle has tabled amendments for six-month protection periods when rent increases are agreed upon.
• He proposes a right of first refusal for tenants to buy the property at the initial listing price before it is put on the open market.
• The amendments aim to prevent tenant displacement and provide stability in rental agreements.