Renters (Reform) Bill
A Bill to make provision changing the law about rented homes, including provision abolishing fixed term assured tenancies and assured shorthold tenancies; imposing obligations on landlords and others in relation to rented homes and temporary and supported accommodation; and for connected purposes.
- Originating House: Commons
- Current House: Commons
- Current Stage: 2nd reading
- Sponsors: Michael Gove (Department for Levelling Up, Housing and Communities)
- Link: https://bills.parliament.uk/bills/3462
The analysis below is based on the latest amended version of the bill found on 31st July 2023. You can find the exact PDF document here: https://publications.parliament.uk/pa/bills/cbill/58-03/0308/220308.pdf
Below we have highlighted changes found in the most recent amended version of the bill that was found on the analysis-date of 31st July 2023, so it may not reflect latest changes. Those highest up have been flagged as impactful or worthy of public scutiny or attention. These are the likely to be the highest signal parts of the bill; members of the public might benefit from seeing these.
Important: This document is not guaranteed to reflect the content of the bill, and may be entirely inaccurate in its summaries. This is an experimental analysis.
You are urged to read the bill itself on the official parliament bills website: https://bills.parliament.uk/bills/3462
- đźź Flagged for scrutiny
- Impact: 🟣🟣🟣🟣 Reshaping
- Type: insertion
Restrictions on Marketing, Advertising, and Letting Dwellings
The bill proposes restrictions on marketing, advertising, and letting dwellings. Specifically, a person cannot market a dwelling for the purpose of creating a residential tenancy unless there is an active landlord entry and an active dwelling entry in the database.
Exemplar quote from bill: ... Renters (Reform) Bill 43 Part 2—Residential landlords Chapter 3—The Private Rented Sector Database Marketing, advertising and letting 39 Restrictions on marketing, advertising and letting dwellings ...(1) A person must not market a dwelling for the purpose of creating a residential tenancy unless— (a) there is an active landlord entry in the database in respect of the person 5 who will be the residential landlord if the tenancy is granted, and (b) there is an active dwelling entry in the database in respect of the dwelling.... (2) 10 A person who advertises a dwelling for the purpose of creating a residential tenancy must include in any written advertisement the unique identifiers allocated by the database operator to— (a)...
- ‼️ Economic Impact
The proposed restrictions could affect the rental market, potentially impacting landlords, tenants, and property prices.
- ‼️ Justice System
The proposed restrictions could affect the legal responsibilities of landlords and the enforcement of housing laws.
- đźź Flagged for scrutiny
- Impact: 🟣🟣🟣🟣 Reshaping
- Type: insertion
Entries Relating to Banning Orders, Offences, Financial Penalties, etc.
The bill proposes that local housing authorities must make an entry in the database for a person if a relevant banning order has been made against the person, the person has been convicted of a relevant banning order offence, or the authority has imposed a financial penalty on the person in relation to a relevant banning order offence.
Exemplar quote from bill: ... of contracts in circumstances involving illegality. Entries relating to banning orders, offences, financial penalties, etc. 40 Entries relating to banning orders, offences, financial penalties, etc. ...(1) A local housing authority must make an entry in the database in respect of 35 a person if— (a) a relevant banning order has been made against the person following an application by the authority, (b) the person has been convicted of a relevant banning order offence following the institution of criminal proceedings by the authority, or (c) the authority has imposed a financial penalty on the person in relation to a relevant banning order offence....ority has imposed a financial penalty on the person in relation to a relevant banning order offence. (2) A local housing authority may make an entry in the database in respect of a 5 person if— (a) th...
- ‼️ Justice System
The proposed change could affect the enforcement of housing laws and the legal responsibilities of landlords.
- ‼️ Economic Impact
The proposed change could affect the rental market, potentially impacting landlords, tenants, and property prices.
- đźź Flagged for scrutiny
- Impact: 🟣🟣🟣🟣 Reshaping
- Type: insertion
Section 48
The bill introduces new offences related to providing false or misleading information to the database operator, continuing conduct for which a penalty was imposed after a certain period, engaging in different breaches of requirements within five years of a penalty being imposed, and breaching requirements within five years of a penalty being imposed or conviction for an offence under this section.
Exemplar quote from bill: ...posed under this section on the date specified in the final notice as the date on which the notice is given, and (b) “final notice” has the meaning given by paragraph 6 of Schedule 3. 48 Offences (1) ...A person commits an offence if the person knowingly or recklessly provides information to the database operator which is false or misleading in a material respect in purported compliance with a requirement imposed by regulations under this Chapter....er. (2) A person commits an offence if— Renters (Reform) Bill 51 Part 2—Residential landlords Chapter 3—The Private Rented Sector Database (a) a relevant penalty has been imposed on the person and th...
- ‼️ Justice System
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- đźź Flagged for scrutiny
- Impact: 🟣🟣🟣🟣 Reshaping
- Type: insertion
Schedule 2 to the 1988 Act
The bill proposes to insert a new Part 6 into Schedule 2 of the 1988 Act, which gives the Secretary of State the power to amend the Schedule by regulations. This includes the power to amend the descriptions of landlords who may use Ground 2ZA, to change the descriptions of previous landlords mentioned in Ground 2ZB, to provide for Ground 5C to apply only where the landlord seeking possession or the employer is of a particular description, to add or remove situations to the list in the first paragraph of Ground 6A in which that ground may be relied on, and to amend the definition of “supported accommodation” or “managed accommodation” in paragraph 12. The regulations may make consequential, supplementary, incidental, transitional or saving provision, and may make different provision for different purposes. The regulations are to be made by statutory instrument, which may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Exemplar quote from bill: ... 14: anti-social behaviour 23 5 In Ground 14, in each of paragraphs (a) and (aa), for “likely to cause” substitute “capable of causing”. Power to amend Schedule 2 and new interpretation provisions 24 ...After Part 5 of Schedule 2 to the 1988 Act insert— “PART 6 POWERS TO AMEND GROUNDS 2ZA, 2ZB, 5C AND 6A AND DEFINITION 13 (1) The Secretary of State may by regulations amend this Schedule 5 so as to— (a) amend Ground 2ZA to change the descriptions of the landlord who may use the ground; (b) 10 amend Ground 2ZB to change the descriptions of previous landlord mentioned in it; (c) provide for Ground 5C to apply only where the landlord seeking possession or the employer is of a particular description; (d) 15 add other situations to the list in the first paragraph of Ground 6A in which that ground may be relied on or remove any situations added by virtue of this sub-paragraph; (e) amend the definition of “supported accommodation” or “managed accommodation” in paragraph 12. (2) Regulations under this paragraph may— 20 (a) make consequential, supplementary, incidental, transitional or saving provision; (b) make different provision for different purposes. (3) 25 Regulations under this paragraph are to be made by statutory instrument. (4) A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”...ation in order Renters (Reform) Bill 75 Schedule 1—Changes to grounds for possession to meet a need for care, support or supervision. PART 6 POWERS TO AMEND GROUNDS 2ZA, 2ZB, 5C AND 6A AND DEFINITION...
- ‼️ Housing
(Variously affected)
- ‼️ Political Power
(Variously affected)
- đźź Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Grounds for Possession
The bill proposes changes to the grounds for possession, potentially altering the circumstances under which a landlord can evict a tenant.
Exemplar quote from bill: ...ENANCIES End of certain kinds of assured tenancy 1 Assured tenancies to be periodic with rent period not exceeding a month 2 Abolition of assured shorthold tenancies Changes to grounds for possession ...3 Changes to grounds for possession... 4 Form of notice of proceedings for possession Rent and other terms 5 Statutory procedure for increases of rent 6 Challenging amount or increase of rent 7 Right to request permission to keep a pet 8 ...
- ‼️ Social Welfare
Depending on the specifics of the changes, this could either increase protections for tenants against eviction, or it could make it easier for landlords to evict tenants. The impact on social welfare would depend on the balance struck between these two considerations.
- ‼️ Justice System
Changes to the grounds for possession could potentially lead to an increase in legal disputes between landlords and tenants, impacting the justice system.
- đźź Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Section 8 of the 1988 Act (notice of proceedings for possession)
The bill proposes several amendments to Section 8 of the 1988 Act, which deals with the notice of proceedings for possession. These amendments include changes to the grounds for possession, the introduction of a new subsection (5A) that addresses notices given by an intermediate landlord, and the omission of subsections (3A) and (6).
Exemplar quote from bill: ... may not make an order for possession to take effect within the period of 14 days beginning with the date of the service of the notice under section 8.”; (c) omit subsections (6), (6A), (6B) and (7). ...(3) In section 8 of the 1988 Act (notice of proceedings for possession)— 5 (a) in subsection (1)(a) for “(4B)” substitute “(4AA)”; (b) in subsection (3)(b) for “(3A) to (4B)” substitute “(4) to (4AA)”; (c) omit subsection (3A); (d) in subsection (4)— (i) for “Ground 14” substitute “either or both of Grounds 7A and 10 14”; (ii) after “whether” insert “with or”; (iii) omit “or with any ground other than Ground 7A”; (e) for subsections (4A) and (4B) substitute— “(4AA) If a notice under this section does not specify Ground 7A or 15 14 in Schedule 2, the date specified in the notice as mentioned in subsection (3)(b) must not be before the end of the longest period shown in the following table for any ground specified in the notice. Ground specified in notice Period 20 two months beginning with the date of service of the notice 1, 1A, 1B, 2, 2ZA, 2ZB, 5, 5A, 5B, 5C, 5D, 6, 6A, 7, 9 four weeks beginning with the date of the service of the notice 5E, 5F, 5G, 8, 8A, 10, 11, 18 two weeks beginning with the 25 date of the service of the notice”; 4, 7B, 12, 13, 14ZA, 14A, 15, 17 (f) After subsection (5) insert— “(5A) A notice given by an intermediate landlord under Ground 2ZA 30 is to be treated, when the superior tenancy ends, as a notice given by the person who became the landlord by virtue of section 18 under Ground 2ZB.”; (g) omit subsection (6).... 4 Form of notice of proceedings for possession In section 8 of the 1988 Act, after subsection (6) insert— “(7) Regulations made under section 45(1) by virtue of subsection (3) may— 35 (a) provide for...
- ‼️ Justice System
(Variously affected)
- ‼️ Social Welfare
(Variously affected)
- đźź Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Section 13 of the 1988 Act (increases of rent)
The bill proposes several amendments to Section 13 of the 1988 Act, which deals with increases of rent. These amendments include changes to the types of tenancies the section applies to, the procedure for increasing rent, and the introduction of new subsections (4A) to (4E) that address the conditions under which rent may be increased and the definition of a "relevant low-cost tenancy".
Exemplar quote from bill: ...) provide that the form to be used is the version that has effect at the time the requirement applies.” Renters (Reform) Bill 3 Part 1—Tenancy reform Chapter 1—Assured tenancies Rent and other terms ...5 Statutory procedure for increases of rent (1) Section 13 of the 1988 Act (increases of rent) is amended in accordance with subsections (2) to (8). (2) In the heading for “periodic tenancies” substitute “tenancies other than relevant 5 low-cost tenancies”. (3) For subsection (1) substitute— “(1) This section applies to any assured tenancy other than a relevant low-cost tenancy.” (4) In subsection (2)— 10 (a) in paragraph (a), for “the minimum period” substitute “two months”; (b) in paragraph (b)— (i) for the words before sub-paragraph (i) substitute “either”; (ii) after sub-paragraph (i) insert “or”; (c) in paragraph (c)— 15 (i) in the words before sub-paragraph (i), after “below” insert “, either”; (ii) after sub-paragraph (i) insert “or”. (5) Omit subsection (3). (6) In subsection (4)— 20 (a) in paragraph (a), for “by an application in the prescribed form refers the notice to the appropriate tribunal” substitute “applies to the appropriate tribunal under section 14(A3); (b) 25 in paragraph (b) for “variation of the rent which is different from” substitute “new rent which is lower than”. (7) After subsection (4) insert— “(4A) The rent for a period of an assured tenancy to which this section applies may not be greater than the rent for the previous period except by virtue of— (a) a notice under this section or an agreement under subsection 30 (4)(b) following such a notice, (b) a determination under section 14, or (c) an agreement in writing between the landlord and the tenant 35 varying the rent, following a determination by the appropriate tribunal under section 14, where the agreed rent is lower than the rent that would be payable under section 14ZA or 14ZB as a result of the determination; and any provision relating to an assured tenancy to which this section 40 applies is of no effect so far as it provides that the rent for a particular period of the tenancy must or may be greater than the rent for the 4 Renters (Reform) Bill Part 1—Tenancy reform Chapter 1—Assured tenancies previous period otherwise than by virtue of a notice, determination or agreement mentioned in this subsection. (4B) Except as provided by subsection (4A), nothing in this section (or in 5 sections 14 to 14ZB) affects the right of the landlord and the tenant under an assured tenancy to which this section applies to vary by agreement any term of the tenancy. (4C) In this section “relevant low-cost tenancy” means— (a) an assured tenancy of social housing, within the meaning of 10 Part 2 of the Housing and Regeneration Act 2008, where the landlord is a private registered provider of social housing, and (b) any other assured tenancy of a description specified in regulations made by the Secretary of State. (4D) Regulations under subsection (4C)(b) are to be made by statutory instrument. (4E) A statutory instrument containing regulations under subsection (4C)(b) 15 is subject to annulment in pursuance of a resolution of either House of Parliament.” (8) Omit subsection (5).... (9) After section 13 of the 1988 Act insert— “13A Increases of rent under relevant low-cost tenancies 20 (1) This section applies to a relevant low cost tenancy within the meaning given by section 13...
- ‼️ Justice System
(Variously affected)
- ‼️ Social Welfare
(Variously affected)
- đźź Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 13A of the 1988 Act (increases of rent under relevant low-cost tenancies)
The bill proposes the insertion of a new Section 13A in the 1988 Act, which deals with increases of rent under relevant low-cost tenancies. This new section outlines the procedure for increasing rent under such tenancies, including the conditions under which a new rent specified in a notice takes effect.
Exemplar quote from bill: ...nstrument. (4E) A statutory instrument containing regulations under subsection (4C)(b) 15 is subject to annulment in pursuance of a resolution of either House of Parliament.” (8) Omit subsection (5). ...(9) After section 13 of the 1988 Act insert— “13A Increases of rent under relevant low-cost tenancies 20 (1) This section applies to a relevant low cost tenancy within the meaning given by section 13(4C). (2) For the purpose of securing an increase in the rent under a tenancy 25 to which this section applies, the landlord may serve on the tenant a notice in the prescribed form proposing a new rent to take effect at the beginning of a new period of the tenancy specified in the notice, being a period beginning not earlier than— (a) one month after the date of the service of the notice, and (b) 30 in the case of an assured agricultural occupancy, the first anniversary of the date on which the first period of the tenancy began, and (c) if the rent under the tenancy has previously been increased by virtue of a notice under this subsection or a determination under section 14, either— (i) in the case of an assured agricultural occupancy, the 35 first anniversary of the date on which the increased rent took effect, or (ii) in any other case, the appropriate date. (3) The appropriate date is— (a) in a case to which subsection (4) applies, the date that falls 53 40 weeks after the date on which the increased rent took effect; Renters (Reform) Bill 5 Part 1—Tenancy reform Chapter 1—Assured tenancies (b) in any other case, the date that falls 52 weeks after the date on which the increased rent took effect. (4) This subsection applies where— (a) 5 the rent under the tenancy has been increased by virtue of a notice under this section or a determination under section 14 on at least one occasion after the coming into force of the Regulatory Reform (Assured Periodic Tenancies)(Rent Increases) Order 2003, and (b) 10 the fifty-third week after the date on which the last such increase took effect begins more than six days before the anniversary of the date on which the first such increase took effect. (5) Where a notice is served under subsection (2), a new rent specified in 15 the notice takes effect as mentioned in the notice unless, before the beginning of the new period specified in the notice— (a) the tenant applies to the tribunal under section 14(A3), or (b) the landlord and the tenant agree on a variation of the rent which is different from that proposed in the notice or agree that the rent should not be varied. (6) Nothing in this section (or in section 14) affects the right of the landlord 20 and the tenant under a relevant low-cost tenancy within the meaning given by section 13(4C) to vary by agreement any term of the tenancy (including a term relating to rent).”... 6 Challenging amount or increase of rent (1) Section 14 of the 1988 Act (determination of rent by tribunal) is amended in 25 accordance with subsections (2) to (8). (2) Before subsection (1) insert— ...
- ‼️ Justice System
(Variously affected)
- ‼️ Social Welfare
(Variously affected)
- đźź Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Limitation on obligation to pay removal expenses
The bill proposes to limit the obligation to pay removal expenses to tenancies in relation to which the landlord is a private registered provider of social housing.
Exemplar quote from bill: ... an assured tenancy may be withdrawn before the date on which it takes effect by the tenant and landlord agreeing in writing to the withdrawal.” 16 Limitation on obligation to pay removal expenses 35 ...In section 11(1) of the 1988 Act (payment of removal expenses)— (a) after “tenancy” insert “in relation to which the landlord is a private registered provider of social housing,”;... to which the landlord is a private registered provider of social housing,”; (b) in the heading, for “in certain cases” substitute “by private registered providers of social housing”. 17 Assured agric...
- ‼️ Economic Impact
(Variously affected)
- đźź Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Offences and Penalties
The bill introduces a new offence for breaching regulations under section 24(1) or (4) within five years of a relevant penalty being imposed or a conviction for such an offence. The relevant penalty refers to a financial penalty imposed under section 26.
Exemplar quote from bill: ...n withdrawn, and (b) 30 the person engages in conduct which constitutes a different breach of such regulations within the period of five years beginning with the day on which the penalty was imposed. ...(3) A person commits an offence if— (a) either— (i) 35 a relevant penalty has been imposed on the person in respect of an offence under this section and the final notice imposing the penalty has not been withdrawn, or (ii) the person has been convicted of such an offence, and (b) the person breaches regulations under section 24(1) or (4) within the 40 period of five years beginning with the day on which the relevant penalty was imposed or the person was convicted.... Renters (Reform) Bill 37 Part 2—Residential landlords Chapter 2—landlord redress schemes (4) In subsections (1) to (3) “relevant penalty” means a financial penalty which is imposed under section 26 ...
- ‼️ Justice System
(Variously affected)
- đźź Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Regulations for Landlord and Dwelling Entries in the Database
The bill proposes regulations that govern the status of landlord and dwelling entries in a database. These regulations may specify conditions under which an active entry becomes inactive, and vice versa. They may also impose requirements for the payment of fees.
Exemplar quote from bill: ...a 15 (1) The Secretary of State may by regulations make provision about the circumstances in which an active landlord or dwelling entry in the database is to become an inactive entry, and vice versa. ...(2) The regulations may, in particular— (a) provide for an active landlord or dwelling entry to become inactive 20 after a period specified in or determined in accordance with the regulations if requirements specified in the regulations are not met, (b) provide for an active landlord or dwelling entry to become inactive 25 in circumstances in which an active entry is no longer required in respect of the landlord or dwelling, and (c) specify requirements that must be met for an inactive landlord or dwelling entry to become an active entry. (3) The requirements that may be imposed by regulations under this section include requirements for the payment of fees.... 37 Verification, correction and removal of entries 30 (1) The Secretary of State may by regulations make provision about— (a) the verification of landlord and dwelling entries in the database, (b) th...
- ‼️ Economic Impact
The proposed regulations could impose financial obligations on landlords, potentially affecting the cost of renting properties.
- ‼️ Justice System
The proposed regulations could affect the legal responsibilities of landlords and the enforcement of housing laws.
- đźź Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Verification, Correction, and Removal of Database Entries
The bill proposes that the Secretary of State may establish regulations for the verification, correction, and removal of landlord and dwelling entries in the database.
Exemplar quote from bill: ... become an active entry. (3) The requirements that may be imposed by regulations under this section include requirements for the payment of fees. 37 Verification, correction and removal of entries 30 ...(1) The Secretary of State may by regulations make provision about— (a) the verification of landlord and dwelling entries in the database, (b) the correction of errors in such entries, and (c) the removal of such entries from the database.... (2) The regulations may, in particular— 35 (a) require a proportion of landlord and dwelling entries, and of anything required to be provided by regulations under section 34, 35 or 36, 42 Renters (Re...
- ‼️ Justice System
The proposed regulations could affect the legal responsibilities of landlords and the enforcement of housing laws.
- ‼️ Economic Impact
The proposed regulations could impose administrative obligations on landlords, potentially affecting the cost of renting properties.
- đźź Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 54
The bill states that this part and any regulations made under it bind the Crown, with the exception of Sections 27 and 48. However, this does not affect the criminal liability of persons in the service of the Crown.
Exemplar quote from bill: ...y give financial assistance (by way of grant, loan guarantee or in any other form) or make other payments to a person who exercises functions under or by virtue of this Part. 54 Crown application (1) ...Subject to subsections (2) to (4), this Part and any regulations made under it bind the Crown....wn. (2) Sections 27 and 48 do not bind the Crown. (3) In paragraph (b) of section 26(1) as it applies by virtue of subsection (1), the 20 reference to a person committing an offence under section 27 i...
- ‼️ Political Power
(Variously affected)
- ‼️ Justice System
(Variously affected)
- đźź Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Ground 1A
The bill proposes a new ground for possession, Ground 1A, which allows a landlord to seek possession if they intend to sell the dwelling-house, the tenancy did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976, the current tenancy has existed for at least 6 months or a compulsory purchase order has become operative, and the landlord is not a non-profit registered provider of social housing, a registered social landlord, a housing trust which is a charity, or a profit-making registered provider of social housing where the dwelling-house is social housing.
Exemplar quote from bill: ...sion, references to “the landlord” in this ground are to be read as references to at least one of those joint landlords.” New grounds 30 for sale of dwelling-house 3 After Ground 1 insert— “Ground 1A ...The following conditions are met— (a) 35 the landlord who is seeking possession intends to sell the dwelling-house; (b) the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976; (c) at the date specified in the notice under section 8, either— 5 (i) the current tenancy has existed for at least 6 months, or (ii) a compulsory purchase order which authorises 10 purchase of the dwelling-house has become operative and the landlord intends to sell the dwelling-house to the person authorised by the compulsory purchase order to purchase it; (d) the landlord seeking possession is not— (i) a non-profit registered provider of social housing, (ii) a registered social landlord within the meaning of 15 the Housing Act 1985 (see section 5(4) and (5) of that Act), (iii) a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, or (iv) where the dwelling-house is social housing within 20 the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing. In paragraph (c)(ii), “sell” includes transfer.”...der of social housing. In paragraph (c)(ii), “sell” includes transfer.” 4 After Ground 1A (inserted by paragraph 3 of this Schedule) insert— 25 “Ground 1B The following conditions are met— (a) the lan...
- ‼️ Human Rights
This change could potentially impact the rights of tenants, as it provides landlords with additional grounds to seek possession of a property.
- ‼️ Economic Impact
This change could potentially impact the housing market, as it could lead to an increase in the number of properties being sold.
- đźź Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Ground 5F
The bill introduces a new ground for possession of a dwelling-house occupied as supported accommodation. This ground applies if the tenancy was granted for the purpose of providing the tenant with support services for a limited time and that period has ended, or if the support services have ended and the landlord has been unable to find a replacement provider, among other conditions.
Exemplar quote from bill: ...ision at the dwelling-house.” New grounds for possession of dwelling-house occupied as supported accommodation 16 After Ground 5E (inserted by paragraph 15 of this Schedule) insert— 15 “Ground 5F (1) ...The dwelling-house was supported accommodation when the tenancy was granted and any of the following applies—... (a) 20 the tenancy was granted for the purpose of providing the tenant with support services for a limited time in order to enable the tenant to be able to live in other accommodation in the future a...
- ‼️ Social Welfare
This change could potentially impact vulnerable individuals who rely on supported accommodation, depending on how it is implemented and enforced.
- đźź Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Ground 18
The bill introduces a new ground for possession if the tenant of supported accommodation has unreasonably refused to cooperate with the person providing support services.
Exemplar quote from bill: ...rson with the tenant’s needs for support services to live in. In this ground, references to the “landlord” are to the landlord who 15 is seeking possession.” (2) After Ground 17 insert— “Ground 18 20 ...The tenancy is of supported accommodation and the tenant has unreasonably refused to co-operate with the person providing support services with regard to those services....” New ground for possession for tenancy granted for homelessness duty 17 After Ground 5F (inserted by paragraph 16 of this Schedule) insert— “Ground 5G The grant of the tenancy was in pursuance of a l...
- ‼️ Social Welfare
This change could potentially impact vulnerable individuals who rely on supported accommodation, depending on how it is implemented and enforced.
- đźź Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Ground 5G
The bill introduces a new ground for possession if the tenancy was granted in pursuance of a local housing authority's duty to the tenant under section 193 of the Housing Act 1996 and the local housing authority has notified the landlord that the tenancy is no longer required for the purposes of that duty.
Exemplar quote from bill: ... support services with regard to those services.” New ground for possession for tenancy granted for homelessness duty 17 After Ground 5F (inserted by paragraph 16 of this Schedule) insert— “Ground 5G ...The grant of the tenancy was in pursuance of a local housing authority’s duty to the tenant under section 193 of the Housing Act 1996 and—...nd— (a) the local housing authority has notified the landlord that the 30 tenancy is no longer required for the purposes of that duty, and (b) the date specified in the notice under section 8 is no mo...
- ‼️ Social Welfare
This change could potentially impact individuals who rely on local housing authority support, depending on how it is implemented and enforced.
- đźź Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Ground 6
The bill amends Ground 6, which relates to redevelopment, in several ways. These include changing the definition of a "relevant landlord" and adding new conditions for when the ground can be used.
Exemplar quote from bill: ...ified the landlord as mentioned in paragraph (a). In this ground “local housing authority” has the meaning given by 35 section 1 of the Housing Act 1985.” Amendments of Ground 6: redevelopment 18 (1) ...Ground 6 is amended as follows.... (2) 40 In the first unnumbered paragraph, for the words from the beginning to “superior landlord” substitute “A relevant landlord”. Renters (Reform) Bill 71 Schedule 1—Changes to grounds for possessi...
- ‼️ Economic Impact
This change could potentially impact landlords and tenants in cases of redevelopment, depending on how it is implemented and enforced.
- đźź Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Ground 6A
The bill introduces a new ground for possession to allow compliance with enforcement action. This ground applies if letting the dwelling-house causes the landlord to breach a banning order, or if an improvement notice specifies the dwelling-house as requiring remedial action, among other conditions.
Exemplar quote from bill: ...Commonhold and Leasehold Reform Act 2002 (see sections 11 to 13 and 34 of that Act).” New ground for possession to allow compliance with enforcement action 19 After Ground 6 insert— “Ground 6A 40 (1) ...Any of the following situations has occurred—... 72 Renters (Reform) Bill Schedule 1—Changes to grounds for possession (a) letting the dwelling-house causes the landlord to breach a banning order under section 16 of the Housing and Planning Act 20...
- ‼️ Justice System
This change could potentially impact landlords and tenants in cases of enforcement action, depending on how it is implemented and enforced.
- đźź Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Ground 8
The bill amends Ground 8, which relates to rent arrears, in several ways. These include omitting certain conditions for when the ground can be used and adding a new provision to ignore unpaid rent if the tenant is entitled to receive an amount for housing as part of an award of universal credit.
Exemplar quote from bill: ... than 5 years or, for dwelling-houses in Greater London, 10 years from the 10 beginning of the tenancy to offer the dwelling-house for sale to the tenant.” Amendments of Ground 2: sale by mortgagee 5 ...In Ground 8—... (a) in the words before paragraph (a) omit “granted before the beginning of the tenancy”; (b) omit paragraph (c) (and the “and” before it). 15 New ground for possession when superior lease ends 6 Aft...
- ‼️ Social Welfare
This change could potentially impact tenants and landlords in cases of rent arrears, depending on how it is implemented and enforced.
- đźź Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Ground 8A
The bill introduces a new ground for possession for repeated rent arrears. This ground applies if, within a three year period, at least two months' rent was unpaid for at least a day on at least three separate occasions.
Exemplar quote from bill: ...t that was unpaid only because the tenant had not yet received the payment of that award is to be ignored.” New ground for possession for repeated rent arrears 22 After Ground 8 insert— 20 “Ground 8A ...Within a three year period ending with the date of service of the notice under section 8—... (a) 25 if rent is payable monthly, at least two months’ rent was unpaid for at least a day on at least three separate occasions, or (b) if rent is payable for a period shorter than a month, at least ...
- ‼️ Social Welfare
This change could potentially impact tenants and landlords in cases of repeated rent arrears, depending on how it is implemented and enforced.
- đźź Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Ground 14
The bill amends Ground 14, which relates to anti-social behaviour, to change the standard for when the ground can be used from "likely to cause" to "capable of causing".
Exemplar quote from bill: ...nters (Reform) Bill Schedule 1—Changes to grounds for possession For the purposes of this ground, “rent” means rent lawfully due from the tenant.” Amendments of Ground 14: anti-social behaviour 23 5 ...In Ground 14, in each of paragraphs (a) and (aa), for “likely to cause” substitute “capable of causing”.... Power to amend Schedule 2 and new interpretation provisions 24 After Part 4 of Schedule 2 to the 1988 Act insert— “PART 5 INTERPRETATION 12 In this Schedule— 10 “compulsory purchase order” has the sa...
- ‼️ Justice System
This change could potentially impact tenants and landlords in cases of anti-social behaviour, depending on how it is implemented and enforced.
- đźź Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Schedule 3—Financial penalties
The bill introduces a new provision for the recovery of financial penalties imposed by the local housing authority. If a person fails to pay a financial penalty, the local housing authority can recover the penalty through the county court. The certificate signed by the chief finance officer of the authority, stating that the amount due has not been received by a specified date, is considered conclusive evidence in court proceedings.
Exemplar quote from bill: ...e final notice may not be varied under sub-paragraph (5) so as 5 to make it impose a financial penalty of more than the local housing authority could have imposed. Recovery of financial penalty 11 10 ...This paragraph applies if a person fails to pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable to pay.... (1) (2) The local housing authority which imposed the financial penalty may recover the whole or part of the penalty on the order of the county court as if it were payable under an order of that cour...
- ‼️ Justice System
(Variously affected)
- ‼️ Economic Impact
(Variously affected)
- đźź Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Schedule 4—Application of Chapter 1 of Part 1 to existing tenancies: transitional provision
The bill provides a transitional provision for assured shorthold tenancies where proceedings for an order for possession have been commenced but not concluded, or have not been commenced but have not become time-barred, immediately before the extended application date. In such cases, the tenancy remains an assured shorthold tenancy and the notice remains valid until the proceedings become time-barred or are concluded. The amendments made by Chapter 1 of Part 1 do not apply to the tenancy until that time.
Exemplar quote from bill: ...ion of Chapter 1 of Part 1 to existing tenancies: transitional provision Section 2: tenancy remains an assured shorthold tenancy until disposal of section 21 notice given prior to application date 3 ...Where, immediately before the extended application date, proceedings for an order for possession under section 21 of the 1988 Act in reliance on a valid notice given under that section of that Act have been commenced in relation to an assured shorthold tenancy and have not been concluded, or have not been commenced but have not become time-barred— (a) the tenancy remains an assured shorthold tenancy, and the notice remains valid, until any time when such proceedings in reliance on the notice become time-barred or are concluded, and (b) until that time the amendments made by Chapter 1 of Part 1 do not apply in relation to the tenancy....ancy. In this paragraph “time-barred” means prohibited by section 21(4D) or (4E) of the 1988 Act. Section 3 15 (2)(c): saving of section 7(7) in relation to tenancies where fixed term ends before appl...
- ‼️ Justice System
(Variously affected)
- ‼️ Economic Impact
(Variously affected)
- đźź Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: amendment
Ground 7
The bill amends Ground 7, which relates to the death of a tenant, in several ways. These include extending the period for which the ground applies from twelve to 24 months.
Exemplar quote from bill: ... than 5 years or, for dwelling-houses in Greater London, 10 years from the 10 beginning of the tenancy to offer the dwelling-house for sale to the tenant.” Amendments of Ground 2: sale by mortgagee 5 ...In Ground 7—... (a) in the words before paragraph (a) omit “granted before the beginning of the tenancy”; (b) omit paragraph (c) (and the “and” before it). 15 New ground for possession when superior lease ends 6 Aft...
- ‼️ Social Welfare
This change could potentially impact tenants and their families in cases of the tenant's death, depending on how it is implemented and enforced.
- 🟢🟢 Flagged as ?positive?
- Impact: 🟣🟣🟣🟣 Reshaping
- Type: insertion
Private Rented Sector Database
The bill mandates the establishment and operation of a database containing entries about residential landlords, dwellings let under residential tenancies, and persons subject to relevant banning orders, convictions, financial penalties, or regulatory action.
Exemplar quote from bill: ... by a person as a residential landlord within the meaning given by section 23 of the Renters (Reform) Act 2023.” CHAPTER 3 10 THE PRIVATE RENTED SECTOR DATABASE The database and the database operator ...32 The database (1) The database operator must establish and operate a database containing— (a) entries in respect of persons who are, or intend to become, residential 15 landlords, (b) entries in respect of dwellings which are, or are intended to be, let under residential tenancies, and (c) entries made under section 40 in respect of the following— (i) persons against whom relevant banning orders have been made, 20 (ii) persons who have been convicted of, or on whom financial penalties have been imposed in relation to, relevant banning order offences, and (iii) 25 persons who have been convicted of offences, on whom financial penalties have been imposed or who have been subject to regulatory action, of a description prescribed by regulations under that section.... (2) In this Chapter— (a) “landlord entry” means an entry in the database in respect of a person mentioned in subsection (1)(a); (b) “dwelling entry” means an entry in the database in respect of a 30 ...
- ‼️ Justice System
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
Housing Act 1988
The bill proposes to insert a new section after section 16 of the Housing Act 1988, which allows tenants to keep a pet at the dwelling-house with the landlord's consent.
Exemplar quote from bill: ...In this section, “the appropriate amount in respect of rates” has the meaning given by section 14ZA(5).” (10) Omit sections 14A and 14B of the 1988 Act. 25 7 Right to request permission to keep a pet ...(1) In the Housing Act 1988, after section 16 insert— “16A Requesting consent to keep a pet (1) 30 It is an implied term of every assured tenancy to which this section applies that— (a) a tenant may keep a pet at the dwelling-house if the tenant asks to do so in accordance with this section and the landlord consents;... (b) such consent is not to be unreasonably refused by the landlord; (c) the landlord is to give or refuse consent in writing on or before 35 the 42nd day after the date of the request, except as prov...
- ‼️ Human Rights
(Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
1988 Act
The bill proposes to insert a new section after section 16C of the 1988 Act, which imposes a duty on landlords to give a statement of terms and other information.
Exemplar quote from bill: ...hat the landlord requires under an implied term of an assured tenancy under section 16C(1) of the Housing Act 1988 (insurance where landlord consents to keeping of a pet).” Duties of 20 landlords etc ...9 Duty to give statement of terms and other information In the 1988 Act, after section 16C (inserted by section 7 of this Act) insert— “Duties of landlords etc 16D Duty to give statement of terms and other information (1) This section applies to an assured tenancy other than a tenancy of 25 social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008) under which the landlord is a private registered provider of social housing.... (2) 30 The landlord under a tenancy to which this section applies must give the tenant a written statement of— (a) such terms of the tenancy as are specified in regulations made by the Secretary of S...
- ‼️ Human Rights
(Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 16D of the 1988 Act
The bill proposes that landlords must provide tenants with a written statement detailing the terms of the tenancy, the landlord's wish to recover possession on certain grounds, and other information as required by regulations made by the Secretary of State. This statement must be given before the beginning of the tenancy.
Exemplar quote from bill: ...y other than a tenancy of 25 social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008) under which the landlord is a private registered provider of social housing. (2) 30 ...The landlord under a tenancy to which this section applies must give the tenant a written statement of— (a) such terms of the tenancy as are specified in regulations made by the Secretary of State, whether in the form of an agreement in writing between the landlord and tenant or a record of terms otherwise agreed, (b) where the landlord may wish to recover possession on any of Grounds 1B, 2ZA, 2ZB, 4, 5 to 5G or 18 in Schedule 2, the landlord’s wish to be able to recover possession on that ground, (c) any other information in writing about any of the following which is required to be given by regulations made by the Secretary of State— (i) the tenancy; (ii) the dwelling-house let on the tenancy; (iii) the tenant; (iv) the landlord; (v) the rights of the landlord or the tenant in relation to the tenancy or the dwelling-house let on it....he landlord or the tenant in relation to the tenancy or the dwelling-house let on it. (3) The statement under subsection (2) must be given before the beginning 10 of the tenancy. (4) Regulations under...
- ‼️ Human Rights
This change could potentially increase transparency and protect tenants' rights by ensuring they are fully informed about the terms of their tenancy and their rights and responsibilities.
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 16E of the 1988 Act
The bill proposes new restrictions on landlords of assured tenancies, excluding those who are private registered providers of social housing. These restrictions include prohibitions on letting the dwelling-house for a fixed term, ending the tenancy by service of a notice to quit, and serving a notice under section 8(3) that is not in the prescribed form or specifies a ground the landlord is not entitled to rely on.
Exemplar quote from bill: ...arliament.” 10 Other duties of landlords and former landlords In the 1988 Act, after section 16D (inserted by section 9 of this Act) insert— “16E Other duties of landlords and former landlords (1) 20 ...This section applies to an assured tenancy other than a tenancy of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008) under which the landlord is a private registered provider of social housing.... (2) A landlord of a dwelling-house let on an assured tenancy to which this section applies must not— (a) purport to let the dwelling-house on that tenancy for a fixed 25 term (see section 4A), (b) pu...
- ‼️ Human Rights
This change could potentially protect tenants' rights by placing restrictions on landlords' ability to end tenancies or impose certain terms.
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 16F of the 1988 Act
The bill proposes that local housing authorities may impose a financial penalty on landlords who contravene the new requirements set out in sections 16D and 16E of the 1988 Act. The amount of the penalty is to be determined by the authority but must not exceed ÂŁ5,000.
Exemplar quote from bill: ...lords etc: financial penalties and offences In the 1988 Act, after section 16E (inserted by section 10 of this Act) insert— “Landlords: financial penalties and offences 25 16F Financial penalties (1) ...A local housing authority may impose a financial penalty on a person who is or was a landlord of a dwelling-house let on an assured tenancy if satisfied beyond reasonable doubt— (a) that the person contravened section 16D or any paragraph of section 16E(2) other than paragraph (d), or (b) that— (i) the person contravened paragraph (d) of section 16E(2), and (ii) the tenant surrendered the tenancy as a result, without an order for possession of the dwelling-house being made.... made. (2) More than one penalty may be imposed in relation to a contravention of section 16D(2) only if— 14 Renters (Reform) Bill Part 1—Tenancy reform Chapter 1—Assured tenancies (a) the contravent...
- ‼️ Human Rights
This change could potentially protect tenants' rights by penalizing landlords who fail to comply with the new requirements.
- ‼️ Economic Impact
This change could potentially impose financial costs on landlords who fail to comply with the new requirements.
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 16G Offences
The bill introduces new offences for landlords of assured tenancies. Landlords can be found guilty if they serve a notice on the tenant under certain conditions, such as specifying a ground in Schedule 2 knowing that they are not entitled to rely on that ground, or being reckless as to whether they are entitled to rely on it. Another offence is if the landlord specifies that proceedings will not begin earlier than a date specified in the notice, knowing or being reckless as to the fact that the date is earlier than 6 months after the beginning of the tenancy, and the tenant surrenders the tenancy as a result, without an order for possession of the dwelling-house being made.
Exemplar quote from bill: ...ion or section 16H on the date specified in the final notice as the date on which the notice is given, and (b) “final notice” has the meaning given by paragraph 6 of Schedule 35 2ZA. 16G Offences (1) ...A person who is a landlord of a dwelling-house let on an assured tenancy is guilty of an offence if— (a) the person serves on the tenant a notice under section 8(3), or 40 a purported notice under section 8(3) (within the meaning given by section 16E(2)(d))— (i) specifying a ground in Schedule 2 knowing that they are not entitled to rely on that ground, or being reckless as to whether they are entitled to rely on it, or (ii) specifying one or more of Grounds 1, 1A and 6 in Schedule 2 and specifying that the proceedings will not begin earlier than a date specified in the notice, knowing or being reckless as to the fact that the date is earlier than 6 months after the beginning of the tenancy, and (b) the tenant surrenders the tenancy as a result, without an order for possession of the dwelling-house being made....cy as a result, without an order for possession of the dwelling-house being made. (2) A person is guilty of an offence if the person contravenes section 16E(3) or (4). (3) A person is guilty of an off...
- ‼️ Justice System
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 16H Financial penalties as an alternative to prosecution under section 16G
The bill allows local housing authorities to impose financial penalties on a person if they are satisfied beyond reasonable doubt that the person is guilty of an offence under section 16G. This provides an alternative to prosecution.
Exemplar quote from bill: ...spect of that conduct. (8) 5 A person guilty of an offence under this section is liable on summary conviction to a fine. 16H Financial penalties as an alternative to prosecution under section 16G (1) ...A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person is guilty of an offence under section 16G.... (2) No financial penalty may be imposed under this section in respect of 10 any conduct if— (a) the person has been convicted of an offence under section 16G in respect of the conduct, (b) 15 crimina...
- ‼️ Justice System
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 16I Financial penalties: supplementary and interpretation
The bill allows the Secretary of State to provide financial assistance or make other payments to local housing authorities in respect of their functions under sections 16F to 16H. This could include grants, loans, guarantees, or other forms of financial assistance.
Exemplar quote from bill: ...ncial penalties under those sections, and (d) how local housing authorities are to deal with the proceeds of financial penalties under those sections. 53 Financial assistance by Secretary of State 10 ...The Secretary of State may give financial assistance (by way of grant, loan guarantee or in any other form) or make other payments to a local housing authority in respect of the local housing authority’s functions under or by virtue of sections 16F to 16H....4), this Part and any regulations made under it 15 bind the Crown. (2) Sections 27 and 48 do not bind the Crown. (3) In paragraph (b) of section 26(1) as it applies by virtue of subsection (1), the 20...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Justice System
(Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: amendment
Notices to quit by tenants under assured tenancies: timing
The bill proposes that a notice to quit by a tenant under an assured tenancy satisfies this subsection if it is given not less than any length of time before the date on which the notice is to take effect, not exceeding two months, that the landlord has agreed to in writing, or in the absence of agreement, not less than two months before the date on which the notice is to take effect.
Exemplar quote from bill: ...on from Eviction Act 1977 (notices to quit), is amended 5 as follows. (2) In subsection (1), for paragraph (b) substitute— “(b) it satisfies subsection (1ZA).” (3) After subsection (1) insert— “(1ZA) ...A notice to quit satisfies this subsection— (a) where it is given by a tenant in relation to premises let under an assured tenancy, if it is given— (i) not less than any length of time before the date on which the notice is to take effect, not exceeding two months, that the landlord has agreed to in writing, or (ii) in the absence of agreement under sub-paragraph (i), not less than two months before the date on which the notice is to take effect;...ffect; (b) 20 otherwise, if it is given not less than four weeks before the date on which it is to take effect. But in relation to landlords under assured tenancies see section 5(1) of the Housing Act...
- ‼️ Human Rights
(Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: amendment
Notices to quit by tenants under assured tenancies: other
The bill proposes that any provision that would bind a tenant as to the means of giving a notice in writing to quit premises let under an assured tenancy is of no effect.
Exemplar quote from bill: ...o effect).” 15 Notices to quit by tenants under assured tenancies: other After section 5 of the Protection from Eviction Act 1977 insert— “5A Notices to quit by tenants under assured tenancies 25 (1) ...Any provision that would bind a tenant as to the means of giving a notice in writing to quit premises let under an assured tenancy is of no effect.... (2) 30 For the purposes of subsection (1) the “means of giving a notice in writing” is the mode by which the words of the notice are represented or reproduced in a visible form. (3) A notice by a ten...
- ‼️ Human Rights
(Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: amendment
Accommodation for homeless people: duties of local authority
The bill proposes to omit the exception for notice of refusal to co-operate in the duty of local authorities to persons with priority need who are not homeless intentionally.
Exemplar quote from bill: ...tute “Part 1”; 10 (ii) for “Ground 16” substitute “Grounds 2ZA, 2ZB, 5A and 5C”. 18 Accommodation for homeless people: duties of local authority (1) The Housing Act 1996 is amended as follows. (2) 15 ...In section 193 (duty to persons with priority need who are not homeless intentionally)— (a) in subsection (1A), omit paragraph (b) (exception for notice of refusal to co-operate) and the “or” before it;... (b) in subsection (6) omit paragraph (cc); (c) in subsection (7AB) omit paragraph (c) and the “and” before it; (d) in subsection (7AC)— 20 (i) in paragraph (a) omit “shorthold”; (ii) at the end of pa...
- ‼️ Social Welfare
(Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (2)
The bill mandates the Secretary of State to set out conditions for the approval or designation of a landlord redress scheme. These conditions must include the appointment of an individual, approved by the Secretary of State, to oversee and monitor the investigation and determination of complaints under the scheme.
Exemplar quote from bill: ...to be a member of a landlord redress scheme. 25 Approval and designation of landlord redress schemes (1) 5 This section applies where the Secretary of State makes regulations under section 24(1). (2) ...The Secretary of State must by regulations set out conditions which are to be satisfied before a scheme is approved or designated under section 24(2)(b), which must include conditions requiring the scheme to include provision in accordance with the regulations— (a) for the administrator to appoint an individual, having obtained the 10 Secretary of State’s approval of the individual and the terms of the appointment, who is to be responsible for overseeing and monitoring the investigation and determination of complaints under the scheme,... (b) 15 about the complaints that may be made under the scheme, which must include provision enabling the making of complaints about non-compliance with any codes of practice for residential landlords...
- ‼️ Justice System
This change could potentially improve the accountability and effectiveness of landlord redress schemes by ensuring that an approved individual is responsible for overseeing and monitoring complaints.
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
subsection (26)
The bill allows local housing authorities to impose financial penalties on individuals who breach certain regulations or commit certain offences. The maximum penalty is set at ÂŁ5,000 for breaches of regulations and ÂŁ30,000 for offences.
Exemplar quote from bill: ...iction, (b) voluntary mediation services, or 10 (c) voluntary members; and terms used in this definition have the meanings given by section 24(7). 26 Financial penalties for breach of regulations (1) ...A local housing authority may impose a financial penalty on a person if 15 satisfied beyond reasonable doubt that the person has— (a) breached regulations under section 24(1) or (4), or (b) committed an offence under section 27.... (2) 20 The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than— (a) £5,000, if it is imposed under subsection (1)(a), ...
- ‼️ Justice System
This change could potentially deter breaches of regulations and offences by imposing significant financial penalties.
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
Landlord Redress Schemes
The bill allows for decisions made under a landlord redress scheme to be enforceable as if they were court orders. The Secretary of State can make regulations to authorise the scheme administrator to apply to a court or tribunal for such an order.
Exemplar quote from bill: ...n and key definitions), in subsection (3), in the table, after the last row insert— Landlord redress schemes: 25 continuing or repeat breaches”. section 27(1), (2) or (3) Renters (Reform) Act 2023 “8 ...28 Decision under a landlord redress scheme may be made enforceable as if it were a court order (1) The Secretary of State may by regulations make provision for, or in connection 30 with, authorising the administrator of a landlord redress scheme to apply to a court or tribunal for an order that a determination made under the scheme and accepted by the complainant in question be enforced as if it were an order of a court.... (2) Before making the regulations, the Secretary of State must consult— 35 (a) one or more bodies appearing to the Secretary of State to represent the interests of residential landlords, (b) one or m...
- ‼️ Justice System
(Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 26 or 47
The bill proposes to insert a provision that requires a local housing authority to give a person notice of its proposal to impose a financial penalty under section 26 or 47 before doing so.
Exemplar quote from bill: ... the purposes of paragraphs 28 and 29, the Housing Act 1988 applies without the amendments made by the Renters (Reform) Act 2023 (c. ).” SCHEDULE 3 Section 52 5 FINANCIAL PENALTIES Notice of intent 1 ...Before imposing a financial penalty on a person under section 26 or 47, a 10 local housing authority must give the person notice of its proposal to do so (a “notice of intent”).... 2 The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has sufficient evidence of the conduct to which the financial penalty...
- ‼️ Housing
(Variously affected)
- ‼️ Justice System
(Variously affected)
- 🟢🟢 Flagged as ?positive?
- Impact: 🔵🔵 Moderate
- Type: insertion
Housing Act 1988
The bill proposes to insert a definition of "pet" in section 45(1) of the Housing Act 1988.
Exemplar quote from bill: ... at the dwelling-house, if the tenant had not informed the landlord that the pet is no longer at the dwelling-house; (d) may include any excess payable by the landlord under the 40 insurance policy.” ...(2) In section 45(1) of the Housing Act 1988, in the appropriate place insert— ““pet” means an animal kept by a person mainly for— 10 Renters (Reform) Bill Part 1—Tenancy reform Chapter 1—Assured tenancies (a) personal interest, (b) companionship, (c) ornamental purposes, or (d) any combination of paragraphs (a) to (c);... “pet damage”, in relation to an assured tenancy of a dwelling-house, 5 means any damage that the tenant’s pet causes to— (a) the dwelling-house or any of the common parts, where “common parts” has th...
- ‼️ Human Rights
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🟣🟣🟣🟣 Reshaping
- Type: amendment
Assured Tenancies
The bill proposes to abolish fixed term assured tenancies and assured shorthold tenancies, making all assured tenancies periodic with a rent period not exceeding a month.
Exemplar quote from bill: ...orm) Bill are compatible with the Convention rights. 308 58/3 Renters (Reform) Bill [AS INTRODUCED] CONTENTS PART 1 TENANCY REFORM CHAPTER 1 ASSURED TENANCIES End of certain kinds of assured tenancy ...1 Assured tenancies to be periodic with rent period not exceeding a month... 2 Abolition of assured shorthold tenancies Changes to grounds for possession 3 Changes to grounds for possession 4 Form of notice of proceedings for possession Rent and other terms 5 Statutory proced...
- ‼️ Social Welfare
This change could provide more flexibility and security for tenants, as they would not be tied to a fixed term contract and could potentially leave the tenancy with a shorter notice period.
- ‼️ Economic Impact
This could potentially impact landlords who rely on the security of fixed term contracts for income stability. It could also affect the rental market dynamics, possibly leading to more frequent rent reviews and changes in rental prices.
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 14 of the 1988 Act
The bill proposes to insert a new section after section 14 of the 1988 Act, which pertains to the effect of a tribunal's determination on rent payable.
Exemplar quote from bill: ...agraph (a), for “that notice was served” substitute “the application was made”. (6) Omit subsections (6) and (7). (7) In subsection (8) omit “of a rent for a dwelling-house”. (8) Omit subsection (9). ...(9) After section 14 of the 1988 Act insert— “14ZA Effect of determination: rent payable 30 (1) This section applies where the appropriate tribunal makes a determination on an application under section 14(A1) in relation to a tenancy.... (2) 35 The rent payable under the tenancy as a result of the determination is— (a) the amount of rent determined by the appropriate tribunal on the application, in accordance with section 14(1), and ...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Tenant Fees Act 2019
The bill proposes to amend section 1(4) of the Tenant Fees Act 2019 to include a provision for insurance if the tenant is keeping a pet in the housing.
Exemplar quote from bill: ...house or any of the common parts, where “common parts” has the same meaning as in Ground 13 in Part 2 of Schedule 2, or (b) any of the landlord’s property that is in those places;” 10 8 Pet insurance ...(1) In the Tenant Fees Act 2019, in section 1(4)— (a) omit the “or” at the end of paragraph (a); (b) after “tenant” in paragraph (b), insert “, or (c) if the tenant is keeping a pet in the housing, insurance 15 that the landlord requires under an implied term of an assured tenancy under section 16C(1) of the Housing Act 1988 (insurance where landlord consents to keeping of a pet).”... Duties of 20 landlords etc 9 Duty to give statement of terms and other information In the 1988 Act, after section 16C (inserted by section 7 of this Act) insert— “Duties of landlords etc 16D Duty to ...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Proceeds of financial penalties
The bill proposes that when a local housing authority imposes a financial penalty under this Act, it may use the proceeds to cover the costs and expenses incurred in carrying out any of its enforcement functions under this Act or in relation to the private rented sector.
Exemplar quote from bill: ...d unless the contrary is proved. (5) 25 In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989. Proceeds of financial penalties 12 ...Where a local housing authority imposes a financial penalty under this Act, it may apply the proceeds towards meeting the costs and expenses (whether administrative or legal) incurred in, or associated with, carrying out any of its enforcement functions under this Act or otherwise in relation to the private rented sector....or. 13 Any proceeds of a financial penalty imposed under this Act which are not applied in accordance with paragraph 12 must be paid to the Secretary of State. 14 (1) In paragraph 12, “enforcement fun...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Tenancy deposit requirements
The bill proposes to amend the tenancy deposit schemes to substitute "shorthold" with "assured".
Exemplar quote from bill: ...mit subsections (3) to (10) (homelessness relief duty). (4) Omit section 195A (duty to offer accommodation following re-application after private sector offer). 19 Tenancy deposit requirements (1) 30 ...Chapter 4 of Part 6 of the Housing Act 2004 (tenancy deposit schemes) is amended as follows. (2) In section 212— (a) in subsection (1), for “shorthold” substitute “assured”;... (b) in subsection (2), for “shorthold” substitute “assured”; (c) in subsection (8)— (i) at the appropriate place insert— 35 ““assured tenancy” means an assured tenancy within the meaning of Chapter 1...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Assured tenancies
The bill proposes amendments to the conditions under which a court may order possession of a dwelling-house let on an assured tenancy. The court can only make an order if the tenancy deposit has been paid and certain requirements have been met. However, these conditions do not apply if the order for possession is made on certain grounds or if the tenancy deposit has been returned or a court application has been made and resolved.
Exemplar quote from bill: ...h an assured tenancy, the court may make an order for possession of the 30 dwelling-house let on the assured tenancy only if the tenancy deposit is being held in accordance with an authorised scheme. ...(3) Where a tenancy deposit has been paid in connection with an assured tenancy, the court may make an order for possession of the dwelling-house let on the assured tenancy only if the requirements of section 213(5) and (6)(a) have been complied with....landlord on receiving the tenancy deposit have been complied with (whether or not within the period mentioned by section 213(3)) in relation to the tenancy deposit. (3) Where a tenancy deposit has bee...
- ‼️ Justice System
The proposed changes could potentially affect the legal processes surrounding tenancy disputes and evictions, potentially providing more protections for tenants.
- ‼️ Social Welfare
The changes could potentially impact the welfare of tenants, particularly those in precarious financial situations, by providing additional protections against eviction.
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: amendment
Penalties for unlawful eviction or harassment of occupier
The bill proposes amendments to the Protection from Eviction Act 1977, introducing a financial penalty for offences under section 1 of the Act. A person cannot be convicted of an offence if a financial penalty has already been imposed for the same conduct.
Exemplar quote from bill: ...1—Tenancy reform Chapter 2—Tenancies that cannot be assured tenancies CHAPTER 3 PENALTIES FOR UNLAWFUL EVICTION OR HARASSMENT OF OCCUPIER 22 Penalties for unlawful eviction or harassment of occupier ...(1) The Protection from Eviction Act 1977 is amended as follows. (2) In section 1, after subsection (6) insert— “(7) A person may not be convicted of an offence under this section in respect of any conduct if a financial penalty has been imposed under section 1A in respect of that conduct.”....” (3) After section 1 insert— “1A Financial penalty for offence under section 1 10 (1) A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that t...
- ‼️ Justice System
The proposed changes could potentially affect the legal processes surrounding eviction and harassment offences, introducing a financial penalty as an alternative to conviction.
- ‼️ Social Welfare
The changes could potentially impact the welfare of tenants, particularly those facing unlawful eviction or harassment, by providing an additional deterrent for such behaviour.
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Tenancies of more than seven years not to be assured tenancies
The bill proposes the insertion of a new provision into the 1988 Act, specifying that fixed term tenancies of more than seven years cannot be assured tenancies.
Exemplar quote from bill: ...ial amendments Schedule 2 contains amendments in consequence of this Chapter. CHAPTER 2 TENANCIES THAT CANNOT BE ASSURED TENANCIES 21 Tenancies of more than seven years not to be assured tenancies 15 ...(1) In Part 1 of Schedule 1 to the 1988 Act (tenancies which cannot be assured tenancies), after paragraph 3C insert— “Fixed term tenancies of more than seven years 3D A fixed term tenancy of a term certain of more than seven years from the date of the grant of the tenancy.”...y.” (2) In paragraph 1 of Schedule 10 to the Local Government and Housing Act 1989 (security of tenure on ending of long residential tenancies), in sub-paragraph (1)(a) after “low rent” insert “and we...
- ‼️ Justice System
The proposed changes could potentially affect the legal status of certain tenancies, specifically those with a fixed term of more than seven years.
- ‼️ Social Welfare
The changes could potentially impact the welfare of tenants, particularly those with longer-term tenancies, by altering the protections and rights associated with assured tenancies.
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Penalties for unlawful eviction or harassment of occupier
The bill introduces a new penalty system for unlawful eviction or harassment of occupiers. The penalty must be paid within 28 days of the notice being given. The notice must include details such as the date, amount, reasons for the penalty, payment information, appeal rights, and consequences of non-compliance. The local housing authority has the power to withdraw or reduce the penalty. The person penalized can appeal the decision or the amount to the First-tier Tribunal. If the penalty is not paid, the local housing authority can recover it. The proceeds from the penalty can be used by the local housing authority to cover costs and expenses related to its enforcement functions.
Exemplar quote from bill: ...Schedule 3—Financial penalties 6 If the local housing authority decides to impose a financial penalty on the person, it must give a notice to the person (a “final notice”) imposing that penalty. 7 5 ...The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given.... 8 The final notice must set out— (a) the date on which the final notice is given, (b) the amount of the financial penalty, (c) the reasons for imposing the penalty, (d) information about how to pay t...
- ‼️ Justice System
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Meaning of “residential landlord”
The bill defines "residential landlord" as the landlord under a relevant tenancy of a dwelling in England that is not social housing. The Secretary of State has the power to amend this definition to include or exclude superior landlords in relation to an assured tenancy that is a sub-tenancy, to add or remove a particular kind of tenancy or licence to occupy a dwelling, and to expand or limit the definition of "dwelling".
Exemplar quote from bill: .... (3) For the purposes of this paragraph, “tenancy” includes a licence to occupy.” PART 2 RESIDENTIAL LANDLORDS CHAPTER 1 15 MEANING OF “RESIDENTIAL LANDLORD” 23 Meaning of “residential landlord” (1) ...In this Part— “residential landlord” means the landlord under a relevant tenancy of a dwelling in England that is not social housing; “residential tenancy” and “residential tenant” are to be read accordingly....ly. (2) In subsection (1)— “dwelling” means a building or part of a building which is occupied or intended to be occupied as a separate dwelling; “social housing” has the same meaning as in Part 2 of ...
- ‼️ Justice System
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Landlord redress schemes
The bill allows the Secretary of State to make regulations requiring a residential landlord to be a member of a landlord redress scheme. This scheme provides for complaints made by or on behalf of a prospective, current or former residential tenant against a member of the scheme to be independently investigated and determined. The scheme must be approved by the Secretary of State or administered by or on behalf of the Secretary of State. The regulations may require a person to be a member of the scheme before marketing a dwelling for the purpose of creating a residential tenancy, prohibit a person from marketing a dwelling unless they are a member of the scheme, and require a person to remain a member of the scheme after ceasing to be a residential landlord.
Exemplar quote from bill: ...20 of section 56(1)(b) includes different provision for the purposes of different Chapters of this Part. CHAPTER 2 LANDLORD REDRESS SCHEMES Landlord redress schemes 25 24 Landlord redress schemes (1) ...The Secretary of State may make regulations requiring a residential landlord to be a member of a landlord redress scheme.... (2) A “landlord redress scheme” means a scheme— (a) which provides for a complaint made by or on behalf of a prospective, current 30 or former residential tenant against a member of the scheme to be ...
- ‼️ Justice System
(Variously affected)
- ‼️ Human Rights
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Part 2—Residential landlords, Chapter 3—The Private Rented Sector Database
The bill proposes the creation of a new database for the private rented sector. This database will be operated by a designated operator who will be responsible for allocating unique identifiers to each person and dwelling listed in the database. The operator will also ensure that facilities are available for those unable to use electronic devices to make and maintain entries in the database. The operator will be required to report to the Secretary of State on the performance of the database and any relevant trends or matters.
Exemplar quote from bill: ... a residential tenancy. 46 Renters (Reform) Bill Part 2—Residential landlords Chapter 3—The Private Rented Sector Database Further duties of database operator 41 Allocation of unique identifiers (1) ...The database operator must allocate an identifier (referred to in this Chapter as a “unique identifier”) to each person in respect of whom, and dwelling in respect of which, an entry is made in the database under this Chapter....r. (2) The identifier must be a sequence of letters, numbers or both that enables the person or dwelling to be distinguished from any other person in respect of whom, or dwelling in respect of which, ...
- ‼️ Social Welfare
This change could potentially improve the management and oversight of the private rented sector, benefiting both landlords and tenants.
- ‼️ Digital Privacy
The creation of a new database raises potential concerns about data privacy and security, particularly given the requirement for unique identifiers for individuals and dwellings.
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Part 2—Residential landlords, Chapter 3—The Private Rented Sector Database
The bill proposes that the Secretary of State will have the power to regulate what information from the database is made available to the public. The database operator will also be required to give access to the database to various authorities, including local housing authorities and mayoral combined authorities.
Exemplar quote from bill: ...rranged to be the database operator. (2) The arrangements— (a) may include provision for payments by the Secretary of State; (b) may include provision about bringing the arrangements to an end. 5 (3) ...The Secretary of State may by regulations— specify the information contained in active landlord and dwelling entries in the database, and in entries made in the database under section 40, which the database operator is to make available to the public...ements for the purpose of facilitating the operation of the database, (c) provide for functions of the database operator specified in the regulations to be carried out by lead enforcement authorities,...
- ‼️ Social Welfare
This change could potentially improve transparency and oversight in the private rented sector, benefiting both landlords and tenants.
- ‼️ Digital Privacy
The provision for public access to certain information in the database raises potential concerns about data privacy and security.
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Part 2—Residential landlords, Chapter 3—The Private Rented Sector Database
The bill proposes that local housing authorities will have the power to impose financial penalties on individuals who breach certain requirements or commit certain offences. The maximum penalty will be ÂŁ5,000 for breaches of requirements and ÂŁ30,000 for offences.
Exemplar quote from bill: ...on in respect of any conduct if a financial penalty has been imposed under section 1A in respect of that conduct.” (3) After section 1 insert— “1A Financial penalty for offence under section 1 10 (1) ...A local housing authority may impose a financial penalty on a person if satisfied beyond reasonable doubt that the person has— breached a requirement imposed by section 39(1), (2) or (3), committed an offence under section 48.... may be imposed in respect of any conduct amounting to an offence under section 1 if— (a) the person has been convicted of an offence under that section in respect of the conduct, (b) criminal proceed...
- ‼️ Justice System
This change could potentially improve enforcement in the private rented sector, deterring breaches of requirements and offences.
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 49
The bill gives the Secretary of State the power to give directions to the database operator and local housing authorities about how they should exercise their functions.
Exemplar quote from bill: ...9 section 48(1) Private rented sector database: continuing or repeat breaches”. section 48(2), (3) or (4) 10 Final provisions 15 49 Power to direct database operator and local housing authorities (1) ...The Secretary of State may from time to time give directions— (a) to the database operator about the manner in which it is to exercise its functions, and (b) to local housing authorities about the manner in which they are to exercise the functions conferred on them by or under this Chapter....er. (2) Directions under subsection (1) may provide, in particular, that a function is only to be exercised— (a) after consultation with the Secretary of State, or (b) with the consent of the Secretar...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 53
The bill allows the Secretary of State to provide financial assistance or make payments to those who exercise functions under this part of the bill.
Exemplar quote from bill: ...ncial penalties under those sections, and (d) how local housing authorities are to deal with the proceeds of financial penalties under those sections. 53 Financial assistance by Secretary of State 10 ...The Secretary of State may give financial assistance (by way of grant, loan guarantee or in any other form) or make other payments to a person who exercises functions under or by virtue of this Part.... 54 Crown application (1) Subject to subsections (2) to (4), this Part and any regulations made under it 15 bind the Crown. (2) Sections 27 and 48 do not bind the Crown. (3) In paragraph (b) of sectio...
- ‼️ Economic Impact
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 58
The bill proposes that it is the duty of every local housing authority to enforce the landlord legislation in its area, but this duty does not prevent a local housing authority from taking enforcement action in respect of a breach of the landlord legislation which occurs outside of its area. The duty is also subject to enforcement by another local housing authority and the lead enforcement authority.
Exemplar quote from bill: ... or things done by a person of a description, specified in regulations made by the Secretary of State. PART 3 ENFORCEMENT AUTHOR 30 ITIES 58 Enforcement by local housing authorities: general duty (1) ...It is the duty of every local housing authority to enforce the landlord legislation in its area. But the duty in subsection (1) does not prevent a local housing authority from taking enforcement action in respect of a breach of the landlord legislation which occurs outside of its area. The duty is also subject to sections 59(3) (enforcement by another local housing authority) and 62(4) (enforcement by the lead enforcement authority)....authority). (4) In this Part— Renters (Reform) Bill 57 Part 3—Enforcement authorities “local housing authority” means a district council, a London borough council, the Common Council of the City of L...
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 61
The bill proposes that a lead enforcement authority must oversee the operation of the provisions for which it is responsible, provide local housing authorities and the public in England with information and advice about the operation of these provisions, disclose information to a local housing authority for the purposes of enabling that authority to determine whether there has been a breach of, or an offence under, these provisions, and issue guidance to local housing authorities about the exercise of their functions under these provisions. Local housing authorities must have regard to any guidance issued.
Exemplar quote from bill: ...e provisions of the landlord legislation for the purposes of which it is such an authority under arrangements made under subsection (1). 61 General duties and powers of lead enforcement authority (1) ...A lead enforcement authority must oversee the operation of the provisions for which it is responsible. A lead enforcement authority must provide— (a) local housing authorities, and (b) the public in England, with information and advice about the operation of the provisions for which it is responsible, in such form and manner as the lead enforcement authority considers appropriate. A lead enforcement authority may disclose information to a local housing authority for the purposes of enabling that authority to determine whether there has been a breach of, or an offence under, the provisions for which the lead enforcement authority is responsible. A lead enforcement authority may issue guidance to local housing authorities about the exercise of their functions under any of the provisions for which it is responsible. Local housing authorities must have regard to any guidance issued under subsection (4)....housing authorities must have regard to any guidance issued under subsection (4). (6) A lead enforcement authority must keep under review and from time to time advise the Secretary of State about the ...
- ‼️ Political Power
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 6 of the Renters (Reform) Bill
The bill introduces a new obligation for a lead enforcement authority to regularly review and advise the Secretary of State on the operation of landlord provisions and social and commercial developments related to tenancies in England, excluding social housing.
Exemplar quote from bill: ...uthorities about the exercise of their functions under any of the provisions for which it is responsible. (5) 5 Local housing authorities must have regard to any guidance issued under subsection (4). ...(6) A lead enforcement authority must keep under review and from time to time advise the Secretary of State about the following— (a) the operation of the landlord provisions for which it is responsible; (b) 10 social and commercial developments relating to tenancies in England, other than tenancies of social housing, so far as it considers those developments relevant to the provisions for which it is responsible.... (7) The Secretary of State may give a lead enforcement authority directions as to the exercise of any of its functions. (8) 15 A direction may relate to all or particular kinds of local housing autho...
- ‼️ Political Power
This change could potentially increase the power of the lead enforcement authority by giving it a more active role in advising the Secretary of State on matters related to tenancies.
- ‼️ Social Welfare
This change could potentially improve social welfare by ensuring that the Secretary of State is regularly updated on developments related to tenancies, which could lead to more informed policy decisions.
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 7 of the Renters (Reform) Bill
The bill introduces a new power for the Secretary of State to give directions to a lead enforcement authority regarding the exercise of its functions.
Exemplar quote from bill: ...and commercial developments relating to tenancies in England, other than tenancies of social housing, so far as it considers those developments relevant to the provisions for which it is responsible. ...(7) The Secretary of State may give a lead enforcement authority directions as to the exercise of any of its functions.... (8) 15 A direction may relate to all or particular kinds of local housing authorities and may make different provision for different purposes. (9) In this section — “social housing” has the same mean...
- ‼️ Political Power
This change could potentially increase the power of the Secretary of State by giving them the ability to direct the actions of the lead enforcement authority.
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 62 of the Renters (Reform) Bill
The bill introduces new powers for a lead enforcement authority to enforce provisions for which it is responsible and to exercise any powers that a local housing authority may exercise for the purpose of enforcement.
Exemplar quote from bill: ...different provision for different purposes. (9) In this section — “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008; “tenancies” includes licences to occupy. ...62 Enforcement by the lead enforcement authority 20 (1) A lead enforcement authority may— (a) take steps to enforce the provisions for which it is responsible where it considers it necessary or expedient to do so; (b) 25 for that purpose, exercise any powers that a local housing authority may exercise for the purpose of the enforcement of those provisions.... (2) Where a lead enforcement authority proposes to take steps under subsection (1) in respect of a breach of, or an offence under, the provisions for which it is responsible, it must notify the local...
- ‼️ Political Power
This change could potentially increase the power of the lead enforcement authority by giving it the ability to enforce provisions and exercise powers of local housing authorities.
- ‼️ Social Welfare
This change could potentially improve social welfare by ensuring that provisions related to tenancies are effectively enforced.
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵🔵 High
- Type: insertion
Schedule 3—Financial penalties
The bill allows local housing authorities to use the proceeds from financial penalties to cover costs and expenses related to their enforcement functions. Any proceeds not used in this way must be paid to the Secretary of State.
Exemplar quote from bill: ...gned unless the contrary is proved. (5) In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989. Proceeds of financial penalties 12 ...Where a local housing authority imposes a financial penalty under section 26 or 47, it may apply the proceeds towards meeting the costs and expenses (whether administrative or legal) incurred in, or associated with, carrying out any of its enforcement functions under this Act or otherwise in relation to the private rented sector....or. 13 Any proceeds of a financial penalty imposed under section 26 or 47 which are not 25 applied in accordance with paragraph 12 must be paid to the Secretary of State. 14 In paragraph 13, “enforcem...
- ‼️ Economic Impact
(Variously affected)
- ‼️ Justice System
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
Section 8 of the 1988 Act (form of notice of proceedings for possession)
The bill proposes the insertion of a new subsection (7) in Section 8 of the 1988 Act. This new subsection allows for regulations to be made that provide for the form of notice of proceedings for possession to be published by the Secretary of State and for the form to be used to be the version that has effect at the time the requirement applies.
Exemplar quote from bill: ...lord under Ground 2ZA 30 is to be treated, when the superior tenancy ends, as a notice given by the person who became the landlord by virtue of section 18 under Ground 2ZB.”; (g) omit subsection (6). ...4 Form of notice of proceedings for possession In section 8 of the 1988 Act, after subsection (6) insert— “(7) Regulations made under section 45(1) by virtue of subsection (3) may— 35 (a) provide for the form to be published by the Secretary of State; (b) provide that the form to be used is the version that has effect at the time the requirement applies.”... Renters (Reform) Bill 3 Part 1—Tenancy reform Chapter 1—Assured tenancies Rent and other terms 5 Statutory procedure for increases of rent (1) Section 13 of the 1988 Act (increases of rent) is amend...
- ‼️ Justice System
(Variously affected)
- ‼️ Social Welfare
(Variously affected)
- 🟢 Flagged for scrutiny
- Impact: 🔵🔵 Moderate
- Type: insertion
subsection (6)
The bill introduces definitions for "complaints under a voluntary jurisdiction", "voluntary mediation services", and "voluntary members" in relation to landlord redress schemes.
Exemplar quote from bill: ...) for the exclusion from investigation and determination under the scheme of any complaint in such cases or circumstances as may be specified in or determined under the scheme. (7) In subsection (6)— ...“complaints under a voluntary jurisdiction” means complaints in relation 35 to which there is no duty to be a member of a landlord redress scheme, where the members against whom the complaints are made have voluntarily accepted the jurisdiction of the scheme over those complaints;... “voluntary mediation services” means mediation, conciliation or similar 40 processes provided at the request of a member in relation to complaints made— (a) against the member, or (b) by the member a...
- ‼️ Justice System
The introduction of these definitions could potentially streamline the process of dealing with complaints in landlord redress schemes, particularly those involving voluntary members or complaints under a voluntary jurisdiction.
- âš« Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Proceedings for the recovery of a financial penalty
The bill proposes that in proceedings for the recovery of a financial penalty, a certificate signed by the chief finance officer of the local housing authority which imposed the penalty, stating that the amount due has not been received by a specified date, is conclusive evidence of that fact.
Exemplar quote from bill: ...he local housing authority which imposed the financial penalty 25 may recover the whole or part of the penalty on the order of the county court as if it were payable under an order of that court. (3) ...In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is— (a) signed by the chief finance officer of the local housing authority which imposed the penalty, and (b) states that the amount due has not been received by a date specified in the certificate, is conclusive evidence of that fact....ct. (4) A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved. (5) In this paragraph “chief finance officer” has the same meanin...
- ‼️ Justice System
(Variously affected)
- âš« Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 55
The bill proposes modifications to the application of the Renters (Reform) Bill in relation to tenancies or licenses under which a dwelling is occupied for the purposes of either House of Parliament. Specifically, sections 27 and 48 do not apply, and references to committing offences under these sections are to be read as satisfying certain conditions or knowingly or recklessly providing false or misleading information.
Exemplar quote from bill: ...tion (2)(a) and (b), (3)(a) and (b), or (4)(a) and (b) of section 48. (5) Subsection (2) does not affect the criminal liability of persons in the service of the Crown. 55 Application to Parliament 35 ...Where regulations under section 23(4)(b) provide for the meaning of “relevant tenancy” given by that section to include a tenancy or licence under which a dwelling is occupied for the purposes of either House of Parliament, this Renters (Reform) Bill 55 Part 2—Residential landlords Chapter 4—Part 2: supplementary provision Part has effect in its application in relation to such a tenancy or licence with the following modifications— (a) sections 27 and 48 do not apply; (b) in paragraph (b) of section 26(1), the reference to a person committing an offence under section 27 is to be read as a reference to the person satisfying the conditions in subsection (1)(a) and (b), (2)(a) and (b), or (3)(a) and (b) of that section; (c) in paragraph (b) of section 47(1), the reference to a person committing an offence under section 48 is to be read as a reference to the person either— (i) knowingly or recklessly providing information to the database operator which is false or misleading in a material respect in purported compliance with a requirement imposed by regulations under Chapter 3, or (ii) satisfying the conditions in subsection (2)(a) and (b), (3)(a) and (b), or (4)(a) and (b) of section 48....ction 48. 56 Regulations (1) A power to make regulations under this Part includes power to make— (a) 20 consequential, supplementary, incidental, transitional or saving provision; (b) different provis...
- ‼️ Political Power
(Variously affected)
- âš« Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 56
The bill proposes the power to make regulations under this Part, including consequential, supplementary, incidental, transitional or saving provision, different provision for different purposes or areas, and the full provision to which the power extends or any less provision. Regulations are to be made by statutory instrument and may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Exemplar quote from bill: ...iance with a requirement imposed by regulations under Chapter 3, or (ii) satisfying the conditions in subsection (2)(a) and (b), (3)(a) and 15 (b), or (4)(a) and (b) of section 48. 56 Regulations (1) ...A power to make regulations under this Part includes power to make— (a) consequential, supplementary, incidental, transitional or saving provision; (b) different provision for different purposes or areas; (c) the full provision to which the power extends or any less provision (whether by way of exception or otherwise). The power under subsection (1)(a) to make transitional provision includes power to provide for regulations to apply (with or without modifications) in relation to tenancies or licences entered into, or advertising begun, before the date on which the regulations come into force. Regulations under this Part are to be made by statutory instrument. A statutory instrument containing regulations under section 23, 24, 25, 39(4), 40(6), 43 or 44(2) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. Any other statutory instrument containing regulations under this Part is subject to annulment in pursuance of a resolution of either House of Parliament.... either House of Parliament. 57 Interpretation (1) In this Part— “dwelling” has the meaning given by section 23(2); 40 “local housing authority” means a district council, a London borough council, the...
- ‼️ Political Power
(Variously affected)
- âš« Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
Section 60
The bill proposes that the Secretary of State may make arrangements for a relevant person to be the lead enforcement authority for the purposes of any provisions of the landlord legislation, including arrangements for payments by the Secretary of State and about bringing the arrangements to an end. The Secretary of State may also make transitional or saving provision which applies when there is a change in the lead enforcement authority.
Exemplar quote from bill: ...A2”). 58 Renters (Reform) Bill Part 3—Enforcement authorities (7) LA1 must notify LA2 as soon as reasonably practicable if the person is convicted of the offence. 60 Lead enforcement authority (1) 5 ...The Secretary of State may make arrangements for a relevant person to be the lead enforcement authority for the purposes of any provisions of the landlord legislation. The arrangements may include arrangements— (a) for payments by the Secretary of State; (b) about bringing the arrangements to an end. The Secretary of State may by regulations made by statutory instrument make transitional or saving provision which applies when there is a change in the lead enforcement authority for any provisions of the landlord legislation....egislation. (4) The regulations may relate to a specific change in the lead enforcement authority or to changes that might arise from time to time. (5) In this Part— “lead enforcement authority” means...
- ‼️ Political Power
(Variously affected)
- âš« Notable
- Impact: 🔵🔵🔵 High
- Type: insertion
Schedule 2 to the 1988 Act
The bill proposes to insert a new Part 5 into Schedule 2 of the 1988 Act, which provides definitions for terms such as "compulsory purchase order", "HMO", "housing association", "managed accommodation", "support services", and "supported accommodation".
Exemplar quote from bill: ... 14: anti-social behaviour 23 5 In Ground 14, in each of paragraphs (a) and (aa), for “likely to cause” substitute “capable of causing”. Power to amend Schedule 2 and new interpretation provisions 24 ...After Part 4 of Schedule 2 to the 1988 Act insert— “PART 5 INTERPRETATION 12 In this Schedule— 10 “compulsory purchase order” has the same meaning as in the Acquisition of Land Act 1981 (see section 2 of that Act); 15 “HMO” has the same meaning as in Part 2 of the Housing Act 2004 (see section 77 of that Act); “housing association” has the meaning given by section 1 of the Housing Associations Act 1985; “managed accommodation” means supported accommodation— (a) into which a tenant has been admitted in order to 20 meet a need for care, support or supervision, and (b) where the care, support or supervision is provided otherwise than by the landlord or a person acting on behalf of the landlord; “support services” in relation to a tenant in supported 25 accommodation, means care, support or supervision; “supported accommodation” means a dwelling-house— (a) let by— (i) a housing association, (ii) a private registered provider of social 30 housing, (iii) a registered charity, or (iv) a voluntary organisation, and (b) 35 where a tenant receives care, support or supervision provided either— (i) by the landlord or a person acting on behalf of the landlord, or (ii) by someone else, if the tenant has been admitted into the accommodation in order Renters (Reform) Bill 75 Schedule 1—Changes to grounds for possession to meet a need for care, support or supervision.... PART 6 POWERS TO AMEND GROUNDS 2ZA, 2ZB, 5C AND 6A AND DEFINITION 13 (1) The Secretary of State may by regulations amend this Schedule 5 so as to— (a) amend Ground 2ZA to change the descriptions of t...
- ‼️ Housing
(Variously affected)
- âš« Notable
- Impact: 🔵🔵🔵 High
- Type: amendment
Housing Act 1988
The bill proposes to amend the 1988 Act, specifically section 1A, to specify that the application of Chapters 1, 2 and 3 of Part 1 to dwelling in Wales is without the amendments made by the Renters (Reform) Act 2023.
Exemplar quote from bill: ... of the instrument has been laid before and approved by a resolution of each House of Parliament.” SCHEDULE 2 Section 20 30 CONSEQUENTIAL AMENDMENTS RELATING TO CHAPTER 1 OF PART 1 Housing Act 1988 1 ...The 1988 Act is amended as follows. 2 35 In section 1A (application of Chapters 1, 2 and 3 of Part 1 to dwelling in Wales), in subsection (3), after “tenancy” insert “, without the amendments made by the Renters (Reform) Act 2023”.... 3 In section 5 (security of tenure)— 76 Renters (Reform) Bill Schedule 2—Consequential amendments relating to Chapter 1 of Part 1 (a) in subsection (1)— (i) in paragraph (a)(i) omit “or 21”; (ii) om...
- ‼️ Housing
(Variously affected)
- âš« Notable
- Impact: 🔵🔵 Moderate
- Type: amendment
Subsection (3)
The bill proposes to amend subsection (3) by omitting certain words and substituting "notice" with "application".
Exemplar quote from bill: ...on under subsection (A3), at the beginning of the new period specified in the notice; and”; (c) in paragraph (c) for “notice” substitute “application”; (d) omit paragraph (d) and the “and” before it. ...(4) In subsection (3)— (a) in the words before paragraph (a)— 15 (i) omit the words from “in relation to” to “above,”; (ii) for “notice”, in the second place it occurs, substitute “application”; (b) 20 in paragraphs (a) and (b) for “service of the notice” substitute “the application”.... (5) In subsection (3A)— (a) in the words before paragraph (a), for the words from “on” to “served,” substitute “of the application”; (b) 25 in paragraph (a), for “that notice was served” substitute “...
- ‼️ Justice System
(Variously affected)
- âš« Notable
- Impact: 🔵🔵 Moderate
- Type: deletion
Subsections (6), (7), and (9)
The bill proposes to delete subsections (6), (7), and (9).
Exemplar quote from bill: ...) in the words before paragraph (a), for the words from “on” to “served,” substitute “of the application”; (b) 25 in paragraph (a), for “that notice was served” substitute “the application was made”. ...(6) Omit subsections (6) and (7). (8) Omit subsection (9)....it “of a rent for a dwelling-house”. (8) Omit subsection (9). (9) After section 14 of the 1988 Act insert— “14ZA Effect of determination: rent payable 30 (1) This section applies where the appropriate...
- ‼️ Justice System
(Variously affected)
- âš« Notable
- Impact: 🔵🔵 Moderate
- Type: insertion
Schedule 4—Application of Chapter 1 of Part 1 to existing tenancies: transitional provision
The bill specifies that the amendments made by Chapter 1 of Part 1 do not apply to a deemed continuing tenancy until it is converted to a periodic tenancy.
Exemplar quote from bill: ...(3)” there were substituted “R is the rent due for the rent period before the first rent period provided for by subsection (4)(a)”. Section 2: application in relation to a deemed continuing tenancy 2 ...The amendments made by Chapter 1 of Part 1 do not apply in relation to a deemed continuing tenancy until immediately after it is converted to a periodic tenancy....cy. Renters (Reform) Bill 81 Schedule 4—Application of Chapter 1 of Part 1 to existing tenancies: transitional provision Section 2: tenancy remains an assured shorthold tenancy until disposal of sect...
- ‼️ Justice System
(Variously affected)
- ‼️ Economic Impact
(Variously affected)
That's everything!
Remember: This document is not guaranteed to reflect the content of the bill, and may be entirely inaccurate in its summaries. This is an experimental analysis. Read the bill itself on the official parliament bills website: https://bills.parliament.uk/bills/3462