The Renters’ Rights Bill is a major piece of legislation currently progressing through Parliament. It aims to reform the private rented sector in England.
Although the timeline has shifted, the Bill is expected to receive Royal Assent in summer 2025, with implementation between October 2025 and January 2026.
Here are some of the key changes landlords should be aware of:
- Fixed term tenancies abolished: All assured tenancies and assured shorthold tenancies (ASTs) (new and existing) will become periodic (i.e. monthly rolling).
- Increased tenant flexibility: Tenants can leave at any time, on two months’ notice.
- No more s.21 evictions: By contrast, landlords will no longer be able to evict tenants without a valid reason (this might include selling/ redeveloping, antisocial behaviour by the tenant and three months’ rental arrears).
- Pets: Tenants have the right to request permission to have a pet; consent cannot be unreasonably refused.
- No more rental bidding: Inviting offers of rent higher than advertised will be banned.
- New landlord redress scheme: Landlords of assured tenancies will need to join the scheme, and the scheme will investigate complaints against landlords.
- New private rented sector database: This will contain details of all residential landlords and properties. It will note if landlords have been subject to penalties or convictions. A property cannot be marketed for rent unless the landlord and property are both entered on the database.
Will the Bill apply to retirement accommodation?
If retirement accommodation is rented on an assured tenancy or AST basis then, yes, the Bill and the changes stated above will apply. There is no exception or exclusion for retirement accommodation.
How can a provider of retirement accommodation remove a tenant?
A landlord will only be able to remove a tenant if they can satisfy one of the grounds for possession under Schedule 2 Housing Act 1988. They will no longer be able to evict a tenant without reason. A section 8 notice will also need to be served.
In the case of retirement accommodation, the grounds for possession that might apply are:
Mandatory grounds (the court must grant possession if proven)
- New Ground 5F: Supported accommodation
The property is let as supported accommodation (e.g. care, support, or supervision), and the tenant’s circumstances have changed, making the accommodation no longer suitable. Landlords must give four weeks’ notice before starting possession proceedings.
- Ground 8: Serious rent arrears
The tenant is in at least three months’ rent arrears. Landlords must give four weeks’ notice before starting possession proceedings.
- Ground 7A: Anti-social/ criminal behaviour
If the tenant has engaged in serious anti-social or criminal behaviour, landlords can issue proceedings immediately after serving notice.
Discretionary grounds (the court may grant possession if proven)
- Ground 10: Rent arrears
The tenant is in rent arrears at the time of the notice or hearing. Landlords must give four weeks’ notice before starting possession proceedings.
- Ground 11: Persistent rent arrears
The tenant has persistently delayed rent payments, even if they are not currently in arrears. Landlords must give four weeks’ notice before starting possession proceedings.
- Ground 14: Anti-social behaviour
If the tenant or their visitor has engaged in anti-social behaviour, landlords can issue proceedings immediately after serving notice.
- New Ground 18: Supported accommodation
The tenant is in supported accommodation and is unreasonably refusing to engage with the support services provided. Landlords must give four weeks’ notice before starting possession proceedings.
Top tip for landlords
If landlords can rely on multiple grounds for possession, their chances of successfully regaining possession increase significantly.
Pre-conditions for possession
For the court to consider awarding possession under one of the specified grounds, the landlord must have:
- A valid ground for possession.
- Given sufficient notice before issuing proceedings.
- Given written notice at the outset of the tenancy that they may want to regain possession under a particular ground.
- Protected the tenant’s deposit.
- Provided details for the private rented sector database.
Caught between the old and new rules?
If landlords serve a S21 or S8 notice before the Bill is passed, but it is still ongoing when the Act comes into force, any extant notices will remain valid, and the tenancy will remain an AST until possession proceedings have been concluded. If landlords haven’t yet issued proceedings, they must do so within time or the notice will lapse.
Conclusion
Whilst the Renters’ Rights Bill is still passing through parliament, it is clearly going to mark a significant shift in how the private rented sector operates. Staying informed and proactive will help ensure compliance. Those providing retirement accommodation on an assured tenancy/ AST basis should:
- Keep up-to-date with the progressions of the Bill.
- Be proactive and register with the redress scheme and the rented sector database when these are introduced.
- Consider if any s.21 notices on existing tenancies should be served.