Background

Property Litigation

Written statement setting out basic information about the tenancy and the parties’ responsibilities, while maintaining the ability to adapt and agree these terms with the new tenant.

The intention is to create a new Privately Rented Property Portal to help landlords understand their legal obligations and demonstrate compliance and for tenants to better understand the law and their rights. All landlords would be required to register so that tenants will have information about a landlord before agreeing to enter into a new tenancy.

The government plans to introduce a new Private Rented Sector Ombudsman which landlords ‘may’ have to join. The Ombudsman should provide a fair and binding resolution to many landlord and tenant issues in a way that is less costly, quicker and less adversarial than the current court system.

Every tenant now has the right to request to keep a pet, which the landlord must consider and cannot unreasonably refuse. Landlords will be allowed to require pet insurance to cover any damage to the property.

Landlords will no longer be able to use rent review provisions under the tenancy agreement but will have to follow the s13 statutory procedure allowing rent increases only once a year to market prices, with an increased 2 month notice period. Tenants will have the ability to challenge the rent through the First Tier Property Tribunal if they believe it to be excessive.

New grounds are going to be introduced such as when a landlord wants to sell the property or have close family members move in. There will also be a ground for persistent rent arrears to stop tenants paying off the arrears just before the possession hearing, together with provisions to make it easier to evict anti-social tenants.

At present landlords are able to serve a s21 notice giving a tenant two months’ notice to vacate the property and no fault by the tenant needs to be proven. The Bill abolishes this procedure so that any landlord wishing to evict a tenant must prove one of the grounds under Schedule 2 of the Housing Act 1988 instead. Tenants however, will be able to move out upon giving 2 months’ notice to the landlord.

All tenancies which would be assured tenancies or assured shorthold tenancies will become periodic tenancies, with a rent period not exceeding one month. Landlords will no longer be able to offer a fixed term tenancy.

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