The government are proposing several changes to the private rental sector which will see Section 21 Notices being abolished, the introduction of ‘Awaab’s Law’ to enable tenants to challenge dangerous living conditions, the introduction of a ‘Decent Homes Standard’ and much more.

At present, a landlord can, subject to compliance with statutory requirements, serve a Section 21 Notice with a view to regaining possession of their rented property without the tenant being at fault. The proposed legislation will ban no fault evictions for new and existing tenancies requiring landlords to provide a valid cause to end a tenancy.

The Renters’ Rights Bill also aims to put an end to bad practices such as landlords and letting agents forcing bidding wars to drive up rents and mid-tenancy rent increases.

Landlords and letting agents will be legally required to publish an asking rent for their property and will be banned from asking for, encouraging or accepting any bids above this price and will only be allowed to raise the rent once a year, to market rate.

The Renters’ Rights Bill will also make it illegal for landlords to discriminate against tenants in receipt of benefits or those with children.

The Bill is also expected to allow tenants to end rental agreements with just two months’ notice from the first day they move in.

Tenants will still be at risk of eviction if they do not pay their rent, cause serious damage or engage in antisocial behaviour and landlords will be able to take possession if they want to sell the property or move in.

The ban could come into force as soon as next summer.

If you are a landlord, letting agent or tenant who requires advice or assistance regarding your rental property, please do not hesitate to contact a member of our Residential Landlord Services team.

Article written by Litigation Solicitor, Lauren Robinson.

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The Renters Reform Bill is currently passing through Parliament, which was in local news this week, regarding the changes to section 21 notices. The legislation aims to help 11 million tenants benefit from safer, fairer and higher quality homes, which will also empower tenants to challenge poor landlords without fear of losing their home.

The exact changes to the eviction process are yet to be confirmed, but they likely mean that landlords will only be able to serve notice on tenants in specific circumstances, such as instances of anti-social behaviour or when they wish to sell the property or when they or a close family member want to move in, after six months.

The bill also makes it easier for landlords to repossess their properties in cases of anti-social behaviour or where the tenant repeatedly fails to pay rent.

What happens next?

The bill will need to pass through parliament before becoming law. 

With the government’s proposals now revealed, it will start its journey through the House of Commons and House of Lords, before receiving Royal Assent which is when it formally passes into law.

This process will likely take months, so the reforms may not be implemented until 2024.

Please contact us to discuss our full range of Landlord Legal Services and see how we can help.

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As of 28^th January 2021, HM Government has begun to encourage the use of the “model tenancy agreement” the aim of this agreement is to strike a fair balance between Landlords and Tenants. As well as to address issues in the rental market recognised by the government.

A new requirement for landlords has now been created, landlords now must carry out and provide their tenants with an electrical installation condition report (or perhaps more commonly known as an electrical safety certificate) alongside the gas safety certificate and Energy performance certificate.

What is the model tenancy agreement and what is different about it?

The main difference that the Model Tenancy Agreement attempts to implement is to allow “responsible tenants” with well behaved pets to obtain tenancies easier than they currently do. A tenant must still obtain the prior written consent of the landlord to have a pet at the property, but the landlord cannot unreasonably withhold that consent and must make their decision on the merits of the request. If the request does not have a response from the landlord within 28 days of it being deemed served, then it is deemed to have been accepted and permission granted.

Why do I need to ensure the property has the EICR and the tenant has a copy?

Not only is there a potential for a fine of up to £30,000 to be levied against the landlord in question but also this may hinder a in serving a valid notice to end a tenancy and reclaim possession of the property in question.

Do I have to use the Model tenancy agreement?

The agreement is not obligatory, it is only a recommended document and private landlords are not obliged to use the document. The document in question is adaptable for shorter Assured Shorthold Tenancies.

Do I need to review my agreements?

As with all tenancy agreements, we recommend that you have your tenancy agreements reviewed at least once a year to ensure they remain compliant with the law and give you as much protection as possible.

Get in contact today with our Landlord-tenant team regarding a review of your tenancy agreements, to enquire about our fixed fee tenancy agreement drafting service or for advice concerning your obligations as a landlord.

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Landlords or Tenants (as the case may be) may be reliant on successfully exercising a break clause to protect their future business interests. In either case, the parties to a lease may be alarmed to discover just how difficult it can be to successfully exercise a right to break, with, break clauses often being a source of many disputes between Landlords and Tenants. As such, we cannot stress more highly the importance of seeking timely expert advice before serving, or upon receiving, a break notice.

The right to break may arise on one or more specified dates, or it may be exercisable at any time during the term of a lease on a rolling basis. Whenever a right to break is exercised, care needs to be taken to avoid the problems which can be caused for landlords or tenants who risk losing their right to bring their lease to an end by failing to validly exercise their right to break.

Break clauses often come with conditions and it is important any such conditions are complied with when exercising the option to break. Such conditions could include;

• The tenant must have paid all the rent (or all payments due under the lease).
• The tenant must have performed all its covenants under the lease.
• The tenant must not be in material breach of its repairing covenants.
• The tenant must give vacant possession.
• The landlord must have an intention to redevelop the property.

A right to break can be lost because of a breach of a condition, or in not ensuring a condition is satisfied at the appropriate stage whether it be prior to the notice being served, or on the break date – care must be taken.

The requirements as to the form and service of the break notice must also be strictly complied with. Generally, a notice sent by the wrong person, or to the wrong person, will be invalid and therefore careful attention must be given to who has the entitlement to send or receive the notice. The break clause may include a particular form of notice which must be used and by not doing so, an alternative form of notice which would otherwise be valid, could be rejected by the receiving party. Where no form of notice is provided it is vital that the form of notice used is properly drafted.

Sometimes mandatory notice provisions setting out how the break notice must be sent to the other party, and when it will be deemed to have been received, will apply. In other cases, the general notice provisions in the lease will apply. Again this is something which needs to be carefully considered.

Whether you are tenant or landlord exercising or at the receiving end of a right to break, seeking expert legal advice in dealing with any aspects of a break clause at the earliest opportunity can help ensure the right to break is successfully exercised and that any lengthy and costly disputes are avoided. For further advice or assistance, please contact a member of our Commercial Property team on 024 7653 1532.

Imelda Kavanagh

About the author

Imelda Kavanagh joined Brindley Twist Tafft & James in Coventry in 2015.  She is a solicitor in the Commercial team and deals with a wide range of commercial property matters.

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