You may have read that the new government have put forward a Renters’ Rights Bill that commentators expect to come into law in the Spring or Summer of 2025. As with the bill put forward by the previous government, it proposed to abolish Section 21 Notices and their associated accelerated possession proceedings, commonly referred to as a ‘no fault eviction’.
What is a ‘no fault eviction’?
A ‘no fault eviction’ is the process by which landlords can seek to evict a tenant without the need to prove that the tenancy agreement has been breached or giving any reason. The current system is that a landlord would serve a tenant with a Section 21 Notice and give the tenant the required notice period by which they should leave the property. However, over the years there have been many technical defences raised that have complicated the procedure and led to lengthy court proceedings. Cutting down on such complications, as well as giving greater security to tenants, was seen as the driving force behind the Renters’ Rights Bill and the abolition of Section 21 Notices.
There are further amendments to the law proposed by the bill, such as the introduction of Decent Homes Standards in the private rented sector. This comes with fines up to £7,000 for landlords failing to comply, as well as the creation of: a digital private rented sector database; a new ombudsman to give impartial resolutions for landlords and tenants; and the right to request a pet to reside in the property, with landlords not being able to refuse without a good reason.
Do I need a tenancy agreement?
A tenancy agreement is an extremely important document that sets out the contractual obligations between a landlord and a tenant. While there may be a temptation by both parties to use an ‘off the rack’ tenancy agreement, a more tailored agreement can prevent issues arising further down the line. Recording what matters most to each party can be an invaluable exercise, dealing which terms such as the level of flexibility with regards to ending the agreement, how and when the rent will increase and whether pets are allowed at the property.
It can be the case that something that is very important to a tenant is something that a landlord would be happy to agree to and vice versa, as long as there is clarity from the beginning of the tenancy. Problems arise where there are terms that one side or the other consider apply which are not properly contractually recorded. We can advise landlords as to whether requested amendments to a draft agreement may cause any potential risks to them, and we can also advise tenants as to what certainty they require from a tenancy agreement.
Our dedicated landlord and tenant team can help with negotiating tenancy agreements as well as other aspects of tenancy disputes. Contact us on 020 8944 5290 for more information, or email [email protected].