Following the publication of the Renters' Rights Bill a little under a month ago, and in honour of the Second Reading of the Bill in the House of Commons today, Suzanne Smith and Richard Jackson answer some of the many questions they've received from listeners of Good Landlording about different aspects of the Bill.
The episode is full of practical advice, and explains the areas where things aren't yet clear. On that note, it's of course course subject to the usual disclaimer that the Bill still isn’t finalised, and some of the wording is ambiguous.
The questions about the Renters' Rights Bill cover topics as diverse as rent, what happens when Section 21 is abolished, the transition arrangements, the treatment of antisocial behaviour, pets, students, and the possible impact on leaseholders. There is a worked example of the transition arrangements in the show notes below.
>> Ask a question: Click here for question form
Questions we answer in this episodeDetail on the new rules on rentWhat happens when Section 21 goes?What happens to Section 21 notices pending on Commencement Date?What are the current time limits for Section 21 notices?General rule for Section 21 notices served before the Commencement DateExample timeline assuming Commencement Date is 1 July 2025Transition arrangements - worked examplePetsStudentsImpact on landlords who are leaseholders
Detail on the new rules on rent
Here are the questions from listeners about how the Renters' Rights Bill changes rent:
It seems that it is possible to increase a rent to market rent and not to a fixed percentage increase? Isn't this a good thing for Landlords?
I'm struggling to find the clauses dealing with "no advance rent payments". Is that a thing? It’s been mentioned quite a bit by various people, but in your recent podcast, Suzanne said it’s not clear. Can she explain more about that?
>> Related episode: #27: What the Renters’ Rights Bill changes about rent
>> Blog post: The new rules about rent in the Renters’ Rights Bill
What happens when Section 21 goes?
Here are the questions from listeners that relate to the abolition of Section 21 in the Renters' Rights Bill:
Can a tenant under the new legislation avoid eviction by staying 2 months in rent arrears, so they avoid reaching the three month threshold for eviction?
Can you expand on how Anti-Social Behaviour is treated in the RRB, please?
If you want to sell your HMO, (not to family), it mentions tenancies of not less than 12 months which is not possible in an HMO? Okay if you are selling it on as an HMO but if not?
I entered into a 12 month AST with tenants on 1 August 2024, and I don’t want to renew with them next year. Can I serve a s21 notice now?
What happens if I serve a s12 notice just before the s21 is abolished?
>> Related episode: #26: What happens when Section 21 is abolished?
>> Blog post: How and when will Labour abolish Section 21 no fault evictions?
What happens to Section 21 notices pending on Commencement Date?
When the Renters' Rights Act comes into force, the general rule is that all Section 21 notices that have been served before the Commencement Date (when the new tenancy system comes into force) will still be valid.
However, there are some rules regarding how long a landlord will have to apply for an order for possession after the the notice expires before it becomes time-barred.
What are the current time limits for Section 21 notices?
The current rules are that the Section 21 notice can't be served in the first 4 months of a tenancy.
However, if the tenants ignore the notice and don't move out when it expires, the landlord must apply for an order for possession within 6 months of the date the notice was served.
This rule will be modified for Section 21 notices that expire after the Commencement Date.
General rule for Section 21 notices served before the Commencement Date
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