Renters’ Rights Bill promised by Government

Labour have promised draft legislation which intends to make private renting a fairer playing field and to offer greater protection to both landlords and tenants in the form of a Renters’ Rights Bill. The Conservative’s Renters (Reform) Bill, which had the same aim, was dropped before the general election.

Currently, there is no indication as to when this draft bill will come into force and a draft has yet to be published. However, it’s still important for landlords to be prepared for upcoming changes. Labour have made it clear this is an area they intend to focus on as a matter of priority and a draft bill is expected shortly after the summer recess.

Emily Stark, Solicitor in Coodes’ Disputes team, explores the proposed bill’s policies.

Renters’ Rights Bill

While we can’t yet know how the Renters’ Rights Bill will differ from the Renters (Reform) Bill, there are a few predictions to note.

In their manifesto the Labour Party said they would ban Section 21 ‘No Fault’ evictions immediately. However, instead of passing emergency legislation to that effect Labour intend to incorporate this change alongside other reforms with the introduction of a Renters’ Rights Bill.  A copy of the draft bill is likely to be available in the autumn. While we cannot say when it will receive Royal Assent and therefore become law, we expect this will be in early 2025.

It is expected that some of the proposed new Section 8 grounds for possession, as set out in the Conservatives’ draft bill, will be carried over to the Renters’ Rights Bill. Variations to the former Bill are likely.

The Renters’ Rights Bill will also look to empower tenants to challenge rent increases. At this stage, it is unknown how this will differ from proposals under the Renters (Reform) Bill. The Conservatives’ bill proposed the removal of a landlord’s power to include rent review clauses in tenancy agreements. Instead, landlords would have to use the statutory process under Section 13 of the Housing Act 1988 to increase the rent.

Several other provisions are expected to be transferred from the Renters (Reform) Bill to the Renters’ Rights Bill including:

• Allowing tenants to have pets
• Applying a Decent Homes Standard to the private rented sector
• Creating a digital private rented sector database
• Creating a new private rented sector ombudsman to deal with disputes cheaply and outside of the court process
• Making it illegal to discriminate against tenants who are in receipt of benefits or have children
• Granting new enforcement and investigatory powers for local councils

Awaab’s Law

The Government have also revealed a new proposal to extend Awaab’s Law to the private rental sector.

In December 2020, Awaab Ishak sadly passed away at the age of two years old as a result of a severe respiratory infection. The condition was caused by prolonged exposure to mould in his home. His family campaigned for new legislation which has applied to social housing landlords since July 2023.

Under Section 42 of the Social Housing (Regulation) Act 2023, Awaab’s Law currently requires landlords in the social sector to:

• Examine potential dangers within 14 days
• Issue a documented summary following the examination
• Initiate remedial actions within 7 days should the risk pose a considerable threat to the occupants’ health or safety
• Finalise necessary repairs within an ‘acceptable duration’
• Address urgent repair needs within 24 hours
• Maintain a transparent record of all communication with tenants and service providers
• Health and safety risks to include issues such as moisture and mould, extreme temperatures, and the presence of carbon monoxide or other harmful combustion byproducts.

Under Labour’s Renters’ Rights Bill, these actions will be required of landlords across both the social and private sectors. 

Additional policies in Labour’s manifesto

There are also several policies regarding housing within Labour’s manifesto which landlords should be aware of. These may be incorporated within the Renters’ Rights Bill or introduced by way of separate legislation.

1. The Labour Party are likely to increase the minimum energy efficiency standard as part of their Warm Homes plan. Currently, rental properties need to have an energy rating of E or higher. Although Labour have stated they intend to raise this, they have not stated the target rating they are aiming for.
2. Their manifesto also called for a review of the penalties, including sentencing guidelines, for landlords who fall foul of legislation.
3. Labour have said they will stamp out retaliatory eviction, which is where tenants are evicted following complaints made to the landlord, typically in relation to the condition of their rental property.
4. Finally, there will be an improved legal process for the eviction of renters who fail to pay rent or commit anti-social behaviour (including damaging a property).

When can we expect the Renters’ Rights Bill?

While we do not have the exact date, we’re unlikely to see this legislation enacted until 2025, with a draft Bill being available in the autumn. Nonetheless, big changes are expected in the rental sector over the next 12 months. Coodes will be keeping on top of the reforms and assisting landlords through this period of change.

If you are experiencing a dispute and require legal advice, or need some friendly advice, contact Solicitor Emily Stark. You can send an email or call 01872 246 219. Alternatively, you can use our online contact form.