Renters Rights Bill: Key FAQs for Landlords and Tenants

The Renters Rights Bill has raised a lot of questions among tenants and landlords alike. As part of our commitment to keeping you informed, we’ve compiled a list of the most frequently asked questions about the bill. This guide aims to clarify key aspects of the legislation, providing you with the information you need to understand your rights and responsibilities.

Frequently Asked Questions

Q: Does the end of fixed-term tenancies impact current fixed-term contracts?

A: Yes, all existing fixed-term tenancies will change to periodic tenancies on the implementation date and any remaining fixed-term will not be applicable. From the implementation date, all tenancies, new or existing, will be periodic and require a two-month notice.

Q: Rent increases will be limited to once per year, does this apply to the date when the contract is signed? Or depending on when the rent was last reviewed/increased?

A: It would not necessarily need to be in line with the date the contract was signed. If you have not had a rent review/increase in the 12 months prior, you will be able to serve the appropriate notice to increase the rent. You will then only be able to increase the rent again after 12 months.

Q: Is it not allowed to sell the property as long as it is rented out?

A: Landlords will be required to provide a tenant with at least 12 months of tenancy before serving notice. The new grounds available will include when a landlord wants to sell, but will require increased notice periods.

Q: We are considering whether to permit residents to keep pets in their flats, as our leases currently do not allow it. Could you advise if other buildings or landlords allow pets, especially dogs? We understand that any potential damage can be covered by insurance.

A: We do not have any information on how other landlords or blocks of flats may handle pet requests.

However, under the Renters Rights Bill, tenants have the right to request permission to keep a pet, and landlords are required to consider each request. If a landlord refuses, they must provide a reasonable explanation for the decision.

It is important to note that if there is a restriction in the superior lease, the landlord may refuse the pet request based on this.

In regards to any damage, Landlords will be able to either require the tenants to take our pet damage insurance or take this out themselves and recharge the cost from the tenant.

Q: What provisions are there for existing tenancies? For example, I have a 3-year fixed tenancy from September 2023 to September 2026. Will this be rendered null and void by the new Renters Rights Bill?

A: Under the current draft, all existing tenancies will transition to the new proposed periodic tenancy model from the implementation date. While the tenancy agreement itself will not be void, the fixed term will no longer be applicable. This means the rent increase clause and any agreed break clauses will no longer be enforceable. However, this does not imply that tenants will immediately give notice; in most cases, tenants are likely to remain in the property until their planned move-out date.

Q: If my newly vacated property is up for sale but cannot achieve the necessary price (due to market conditions, for example) within 6 months, can I put it back on the rental market? Or do I need to wait for one full year according to the new proposal?

A: If you have used the new notice to evict tenants in order to sell the property, you will not be able to re-let the property for 12 months. However, if the tenants have given notice and vacated the property on their own accord, and you are unable to sell, you can re-let the property at any time.

Q: Is it correct that the new Ombudsman will handle tenant complaints, but not landlord complaints? Will landlords still need to pay for this service annually, while tenant complaints are reviewed by the Ombudsman?

A: Yes, the new Ombudsman will review tenant complaints against landlords, and landlords will be required to pay for this service annually. Any disputes between landlords and tenants that cannot be resolved through the Ombudsman will need to be taken to court if necessary.

Q: Could you please confirm whether student contracts can also give notice, and if we can no longer grant 52-week contracts?

A: The current draft of the Renters Rights Bill does not provide for students to be on fixed-term agreements, meaning they will be able to utilise the same notice provisions as other tenants. There is ongoing lobbying around this matter, so there may be some changes. However, we will need to review the 3rd draft of the bill before any conclusions can be drawn.

Q: What notice period will a landlord have to give, and does this supersede existing tenant agreements?

A: The required notice periods will vary depending on the grounds for termination. Most current notice periods will be doubled.

For example, if the landlord intends to sell the property or move back in, the notice period will be 4 months. As for existing tenancy agreements, the bill will affect all existing tenancies. Section 21 notices will be removed, and all fixed-term tenancies will be converted into periodic tenancies starting from a specific implementation date. At this stage, we do not have detailed information on how this will be implemented.

If you’d like more detailed advice, please submit your questions in this form here, and we will get back to you.