The Renters Rights Bill

The Renters Rights’ Bill, introduced in September 2024, proposes reform to the private rented sector. This briefing addresses the Bill in advance of its Second Reading in the House of Commons.  

JUSTICE welcomes many aspects of the legislation, including:  

  • The immediate abolition of s.21 “no-fault” evictions. 
  • The extension of notice periods for possession cases. 
  • The introduction of a Decent Homes Standard for the Private Rented Sector. 
  • The prohibition of landlords discriminating against tenants who receive benefits and/or have children. 
  • The introduction of a ‘Private Rented Sector Database’ to improve transparency and accountability of private landlords. 

However, JUSTICE considers improvement is required for the Bill to achieve its objectives and facilitate all parties in the Private Rental Sector to understand and enforce their rights: 

  • Anti-Social Behaviour: The Bill’s removal of the 2 week notice period that landlords are required to give tenants when evicting on the grounds of anti-social behaviour is at odds with other possession grounds. For example, 2 week notice is still required for domestic violence as a ground for possession. Instead of making it easier to evict tenants, the Government should invest in training and resources for the police and local authorities to properly respond to complaints of anti-social behaviour and identify nefarious complaints when they arise. If a tenant has failed to engage with interventions by a landlord, judges considering a discretionary possession order for anti-social behaviour should be required to explore the broad reasons for the tenant’s poor engagement.  
  • Ending Discrimination in the Rental Market: Protections from discrimination should be extended to other marginalised groups who find it difficult to secure private housing. For example, prison leavers who often struggle to secure private housing, making them susceptible to a higher risk of homelessness and reoffending, should also be protected from discrimination.  
  • The New ‘Private Rental Database’: The new database should be expanded to provide a “one stop shop” for both tenants and landlords. This should be achieved by providing lay-friendly information that explains obligations and other information for tenants and landlords. Moreover, users of the database should be signposted to support services and relevant redress schemes to help with the current disaggregated housing advice/dispute service landscape. This database must be accessible for the digitally excluded. The database should also function as an effective means to undertake due diligence on a landlord, signposting when a landlord has evicted previous tenants on the grounds of selling the property or that their family members must move back in and identifying when a landlord has been subject to a rent repayment order or banning order. There should be no exceptions to the ban on landlords obtaining possession when they are not registered on the database.  
  • Landlord Redress Scheme: The new Private Housing Ombudsman scheme must produce a clear and accessible access point for tenants. This new system should seamlessly integrate within the redress landscape so there are no discrepancies when a claim can be made from a similar redress scheme. To this end, The Government should introduce a holistic single-entry portal where all redress schemes, tribunals and courts can be accessed, as well as a service providing alternative dispute resolution methods. While we welcome the encouragement for landlords to initiate mediation before a claim, this must be through a mediation system that is adequately trained to identify the clustered legal issues that arise in housing disputes and proactive about engaging vulnerable tenants. Moreover, to ensure that the uptake of mediation by landlords is sufficient, it should be made mandatory prior to raising court action against a tenant, with the option for a tenant to opt out 

Renters Rights Bill – Briefing, House of Commons Report Stage (January 2024)
Read our briefing here.

Renters Rights Bill – House of Commons Second Reading (October 2024) 
Read our briefing here.

Renters Rights Bill – Written Evidence, House of Commons Committtee Stage (October 2024) Read our briefing here