Published: 24/09/2024 By Rachael James
The Renters’ Rights Bill, introduced in September 2024, marks a substantial shift in how the private rented sector operates. However, several misconceptions have emerged, confusing both landlords and tenants. Rachael James, Partner and Head of Lettings, addresses five of the most common myths and clarifies what the Bill really means for the rental market.Myth 1: Landlords Cannot Stop Tenants from Keeping Pets
One of the more widespread myths is that the new Bill will force landlords to allow pets. The reality is more nuanced. While the Bill does make it easier for tenants to request permission to keep a pet, landlords are still entitled to impose certain conditions. For example, they may require tenants to have insurance to cover any potential damage caused by pets. Moreover, landlords retain discretion and can refuse requests for valid reasons, especially if their own superior landlord prohibits pets. If a dispute arises, tenants can appeal to the private rented sector ombudsman, who will have the final say.
Myth 2: No-fault Evictions Have Already Been Made Illegal
Contrary to what some believe, Section 21—known as “no-fault” evictions—has not yet been abolished. The government has committed to removing Section 21 as part of the Renters’ Rights Bill, but this change is not immediate. Based on recent statements from Housing Minister Matthew Pennycook, the ban on no-fault evictions could be enforced by the summer of 2025. However, landlords will still have the option to recover possession of a property through an improved Section 8 process, which allows eviction on legal grounds like rent arrears or anti-social behaviour. The court process for enforcing Section 8 will remain, ensuring that tenants can challenge any unfair eviction attempts.
Myth 3: The Bill Will Stop Rent Increases
A common concern is that the new legislation will prohibit landlords from increasing rents. This is not accurate. The Renters’ Rights Bill does not remove the ability to raise rent but aims to ensure that increases are fair and justifiable. Under the Bill, landlords can increase rent once per year in line with market conditions. If tenants feel the increase is excessive, they can contest it through the First-tier Tribunal, which will decide whether the new rent is appropriate. This provision ensures tenants are not subject to unreasonable rent hikes, while landlords can adjust rents to reflect economic realities, such as rising mortgage rates and property maintenance costs.
Myth 4: Letting Agents Do Not Address Damp and Mould Issues
Some people believe that letting agents are not proactive in dealing with damp and mould problems. Responsible letting agents already take these issues seriously and work closely with landlords and tenants to resolve them. Proper ventilation, heating, and tenant cooperation are often key to preventing and addressing damp and mould. The Renters’ Rights Bill reinforces these responsibilities by introducing a Decent Homes Standard and Awaab’s Law, which ensures that properties meet acceptable living conditions. This will target rogue landlords and agents who fail to comply, but it should have little impact on reputable agents who already follow good practices.
Myth 5: Discrimination by Letting Agents is Widespread
Finally, there is a belief that discrimination by letting agents is common, particularly against certain groups of renters. While landlords still have the final say over who rents their property, the Renters’ Rights Bill will make it illegal for decisions to be based on anything other than affordability. Responsible agents should avoid blanket bans against certain tenants and instead focus on whether a tenant can afford the rent. The new legislation will formalise this, ensuring fairness in the letting process. As always, reputable agents strive to create inclusive environments and work with landlords and tenants to find mutually beneficial solutions.
The Renters’ Rights Bill is a crucial step in modernising the private rented sector, offering greater protection for tenants while ensuring landlords can manage their properties effectively. While the Bill is not yet law, the UK government is pushing for its swift passage, with some provisions expected to take effect as early as spring 2025. For landlords, tenants, and agents alike, understanding the true impact of this legislation is essential for navigating the rental market in the coming years.
If you have any questions or concerns about the Bill and how it may affect you, please contact Rachael on 01258 474265 or our letting experts in your nearest Symonds & Sampson office for expert advice and guidance. We will also be holding seminars in 2025 focusing on the Renters Rights Bill in the Spring of 2025. If you would like to attend, please contact Lucy Nolan to register your interest.
Residential Lettings