Following a recent round table with members in Bristol, Rebecca Cobb from CobbWarren Solicitors presented the key facts on the Renter’s Reform now Renter’s Rights Bill. It was an extremely informative presentation that allowed for an informative discussion and dialogue around the implications and effects that landmark piece of legislation will have, particularly in the realm of social housing. The landmark piece of legislation notably includes the application of Awaab’s law to private sector, and that shared ownership are now to be treated as assured tenancies. It also provides some worries and challenges that were presented at the round table, some of these included enforcement against persistent anti-social behaviour, challenges with temporary accommodation, managing expectation with anti-social behaviour legislation and a struggling court system.

Key Highlights

It was highlighted that there were a few key points present in the current draft of the bill. Firstly, the Bill abolishes assured shorthold tenancies (ASTs). All ASTs will become periodic assured tenancies. It also abolishes fixed term assured tenancies, meaning that all fixed term tenancies will become periodic tenancies based upon the rental period. One of the most notable inclusions is the scrapping of Section 21 ‘no fault’ notices and eviction, everyone will therefore need to use what is called ‘grounds’ for possession and prove those grounds to a Judge. 

Grounds of Possession:

• Ground 2ZA – a superior landlord is seeking possession from the housing association.
• Ground 5C – tenancy granted due to employment and this has come to an end (makes the current Ground 16 a mandatory ground).
• Ground 5B – the property is required for someone who needs it for employment requirements.
• Ground 5G – property let to local authority to help with homelessness duty and it is no longer required for that purpose.
• Ground 6A – possession is required because of enforcement action being taken by local authority.^[1]

A new ground called ground 18 is also proposed, enabling landlords to seek possession of supported accommodation where the tenant is unreasonably refusing to engage with support offered. The Bill will also amend Ground 8, which is the mandatory ground for rent arrears, increasing it from 8 to 13 weeks in the event of a weekly, or fortnightly periodic tenancy, or 3 months in the event of a monthly periodic tenancy. There will also be provisions made where if a tenant on Universal Credit has not yet received it, and that is included in the rent arrears, it is to be ignored. There are also amendments made to the ‘tenant’s notice to quit’, tenants will have to give at least 2 months’ notice, with a shorter provision available if agreed in writing. The Bill also allows a tenant to withdraw their notice, before it expires, as long as the landlord consents. 

It is prudent to note that the Bill while abolishing Section 21 in practice, creates new avenues for possession namely through rent arrears or anti-social behaviour. 

Social housing, anti-social behaviour and housing

One of the more pertinent previously proposed amendments has been to Ground 14, the discretionary anti-social conduct ground, which presently says: The tenant or a person residing in or visiting the dwelling-house—

“(a) has been guilty of conduct causing or likely to capable of causing a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality,

(aa) has been guilty of conduct causing or likely to capable of causing a nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord’s housing management functions, and that is directly or indirectly related to or affects those functions, or…^[2]

Previously, landlords would have had to demonstrate that behaviour was ‘likely’ to cause, with it now being widened to include ‘capable of causing’, meaning a wider range of behaviours can be considered. The Bill does now not include this amendment that would have lowered the threshold for the discretionary ASB ground. 

What is also poignant for the social housing sector, is the practical abolition of ‘introductory’ tenancies following the conversation of all tenancies to assured tenancies. This means that in practice, temporary accommodation, whereby grounds for possession are stronger and they are intended for short-term lets, are no longer in practice. 

Noted challenges for members

The Renter’s Rights Bill comes at a time of increasing insecurity for some tenants, with inadequate homes, and unscrupulous landlords. However, there is a suggestion that some of the proposed changes, can make enforcement against anti-social behaviour tenants much harder. We know how important early intervention is, and housing is a key agency that can drive prevention of more serious community safety infractions. This means that for tenants with a history of anti-social behaviour, placed in temporary accommodation, it could be harder to enforce legislation and to prevent further threats to residents, particularly those on mixed estates. Temporary accommodation was a noted concern at the round table, with the strengthening of all tenancies, it means that temporary accommodation could therefore have a lower turnover, and therefore the dwindling supply of temporary accommodation, could be occupied by repeat offenders of anti-social behaviour. Of course, the legislation still allows for grounds of possession on the remit of anti-social behaviour, however, the notable omission of the widening from ‘likely’ to ‘capable’ also means that the grounds remain as they are, and have not loosened, making a application in the courts more unlikely.

The courts were another noted issue from members at the round table. It was clear that apart from the concern of vulnerable residents, and managing expectations, concerns with the waiting times in court were high up in the list of ongoing issues for members. It is of course, a concern, that the strengthening of tenancies could further increasing the pressure on an already crumbing, pressured court system.^[3]

It was clear from the round table that some members, particularly newer providers, struggle with the lack of tools to tackle anti-social behaviour, and the lack of communication between local authorities and themselves. With the introduction of the renter’s rights bill, and therefore the strengthening of a resident’s tenure in the property, it is suggested to open up communication, despite increasing challenges. To best prevent the worst effects of anti-social behaviour on our communities, it is suggested that agencies communicate effectively and use information sharing agreements effectively. 

Closing thoughts

The Renter’s Right’s Bill brings some much-needed protection for tenants, particularly in the private rented sector, and allows for the protection of unscrupulous landlords in a ever stressed housing sector. However, it is clear that the Renter’s Rights Bill also proposes a possible squeeze on an already pressured social housing sector, particularly when dealing with anti-social behaviour and community safety as a whole. We at Resolve know how important housing is as an agency to tackle and prevent the most detrimental effects of anti-social behaviour. We welcome any further worries or queries regarding the Bill, and propose a dialogue on how best to work with the new government on these reforms. 

^[1] https://www.cobbwarren.com/newsflash-renters-rights-bill-2024

^[2] https://cornerstonebarristers.com/renters-reform-bill-the-impact-on-the-social-housing-sector/

^[3] https://www.property118.com/landlord-possession-cases-surge-as-homeless-figures-rise/