The end of Section 21 evictions marks a turning point for England’s rental market, with tenants gaining stronger protections and landlords facing tighter rules under the new Renters’ Rights Bill.
Solicitor Alex Newbold, from Palmers Solicitors, says the abolition of so-called “no-fault” evictions will transform landlord-tenant relationships both legally and practically.
“Tenants will now have far greater security in their homes,” he explains. “Since landlords must rely on Section 8 Notices to end a tenancy, which require specific grounds, we can expect longer and more stable tenancies.”
He believes the balance of power in the rental sector has shifted.
“The changes give tenants more confidence to challenge poor practices. Landlords now have to focus on providing a compliant service to tenants rather than simply allowing occupation of their premises in return for rent.”
Alex predicts a rise in legal challenges following the removal of Section 21.
“We’re likely to see more contested hearings,” he says. “The new grounds for possession, such as selling a property, are not yet clear and early court decisions will be vital in setting the standard of evidence.”
He also expects more appeals over rent increases. “Since tribunals won’t backdate rent to the date of notice, tenants will be more willing to dispute rises. Each party usually bears their own costs at tribunal, which makes it a low-risk route for tenants.”
A new Landlord Ombudsman will handle complaints and make binding decisions outside court.
“The Ombudsman has the potential to reduce backlogs and speed up dispute resolution,” Alex says.
“However, there’s a real risk it could become overburdened if too many matters are redirected from the courts.
“I think clear boundaries will be needed, because if the roles of the courts and the ombudsman overlap, we could see duplicate complaints and even conflicting outcomes.”
The Decent Homes Standard and Awaab’s Law will require faster and more proactive maintenance to tackle hazards such as damp and mould.
“Landlords should review how they inspect and repair their properties now, not later,” Alex advises.
“Detailed record keeping, clear and documented communication with tenants, with a clear process for handling complaints and repairs and having reliable contractors ready to handle urgent issues will be crucial for compliance with the new standards.”
He adds that landlords should prepare for higher maintenance costs and possible penalties for non-compliance.
Discrimination against tenants with children or those on benefits is also now banned under the Renters’ Rights Act.
“Landlords are required to assess all applicants fairly. They can still carry out affordability and reference checks, but blanket bans are no longer allowed.
“The new legislation also prevents landlords or their agents from asking for, encouraging or accepting offers over the advertised rental price. A fixed, realistic asking rent will need to be advertised and landlords will need to ensure they do not encourage or accept offers over this fixed rent.”
Complaints are expected to rise as both landlords and tenants adjust to the new rules.
“There’s likely to be an increase in early challenges while people test how far the new protections go,” he adds.
Once the legislation takes effect, all tenancies will automatically become periodic.
“Clauses that conflict with the new law, such as those on break clauses or notices, will no longer apply,” Alex explains.
“Landlords will need to provide tenants with updated written information, if the original agreement was verbal.”
For new tenancies, written agreements will be mandatory and must include any specific clauses set out by law.
Although the Bill has passed, details about when each change takes effect remain uncertain.
“We are still awaiting the implementation plans for the act which should provide a clearer timeline as to when each change will come into force.
“It is expected that some changes will come in immediately, whilst others will come in further down the line to allow the sector to prepare.
“There is also some ambiguity in respect of the new section 8 grounds, like moving into the property or selling it, as to what the evidential burden to prove these grounds will be.
“It may be the case that further clarification is provided or that this will be addressed through case law early on in the implementation.”
Alex believes further reform is unlikely in the short term.
“The focus will now be on implementing these changes properly and giving the sector time to adjust.”
Palmers Solicitors provides legal advice for both landlords and tenants from its offices in Chelmsford, Basildon, Rayleigh, South Woodham Ferrers and Thurrock.
For further information about the firms’ services, please contact us.
