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Renters Reform Bill - Almost There...

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It appears that the Renters Reform Bill will come back to Parliament for its 3rd and final reading in the next few days. It would also appear that the various representations we have made directly and also through and in support of PropertyMark and the NRLA have been listened to with regard to student tenancies, licensing schemes and court reform.

What Can We Expect?

We have campaigned to highlight the unintended consequences of removing fixed-term tenancies including crucially, those for student housing. The UK Government's commitment to review the implementation of the move to open-ended tenancies and establish an initial six-month tenancy period for tenants does provide more certainty for agents and their landlords.


The following amendments, as directly shared by DLUHC, will be tabled at the Commons Report Stage:

ESTABLISH AN INITIAL SIX-MONTH TENANCY

This balances protecting landlords' investment, alongside ensuring tenants can still leave a property after six months if circumstances change. In effect, it creates a default fixed term of six months in all contracts and mirrors a standard break clause in many existing contracts. We are considering exemptions, such as the death of a tenant, domestic abuse, or significant hazards in the property.

REQUIRE AN ASSESSMENT OF THE COUNTY COURT POSSESSION SYSTEM BEFORE ABOLISHING SECTION 21

The Government has been clear that section 21 will be abolished when the courts are ready. We are taking significant steps to deliver court improvement, including providing £1.2m for court digitisation. We will now also bring forward an amendment to require the Lord Chancellor to publish an assessment on barriers to possession and the readiness of the courts in advance of abolishing section 21 for existing tenancies.

UNDERTAKE A REVIEW OF COUNCIL LICENSING SCHEMES

With the introduction of the new Property Portal, some landlord groups have sought reassurance that this will not duplicate the existing licensing system. We will therefore conduct a review of licensing in light of our rental reforms, to reduce burdens on landlords. This review will cover both selective licensing and licensing of HMOs.

ENSURE THE STUDENT MARKET CONTINUES TO WORK

At the Commons Committee stage, we introduced a new mandatory possession ground to facilitate student lets, allowing landlords to evict students living together in a house of multiple occupation (HMO). We have heard concerns about student households that do not meet the HMO definition. We will broaden this ground – ensuring it applies to any property that is let by students, as long as landlords give prior notice to the tenants at the start of the tenancy that the ground will apply. This aims to further protect the student market and the supply of student housing.

PROTECT THE BALANCE OF LONGER AND SHORTER-TERM LETS IN LOCAL AREAS

The Bill currently prevents landlords from marketing or re-letting properties for three months after using possession grounds to move into or sell their property. We will bring forward an amendment to close a loophole, ensuring landlords cannot turn properties into short-term lets during this period.

EXPAND HOMELESSNESS PREVENTION DUTIES

We will bring forward an amendment to give vulnerable tenants certainty that a prevention duty would be owed when they are served with a valid Section 8 notice. This will mean any household served with an eviction notice can access support from their council to help prevent homelessness.

COMMIT TO A REVIEW OF THE IMPLEMENTATION OF TENANCY MEASURE WITHIN THE BILL

The Government will introduce an amendment that requires the Secretary of State to lay a statement covering the effectiveness of new possession grounds, and the effect of moving to periodic tenancies and abolishing fixed terms. This will be published within 18 months of the measures being applied to existing tenancies – following an independent review of the new system.

COMMIT IN LEGISLATION TO PUBLISH AN ANNUAL PARLIAMENTARY UPDATE ON THE STATE OF THE PRS

This will include data on the supply, size and location of properties and will be laid before Parliament in the form of a written statement.

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