Renters’ Rights – are you complying?
Some legal changes governing the relationship between landlords and tenants have recently come into force, and others are in the pipeline. If you are a landlord, are you confident that you took all the necessary steps in advance of the changes and are now complying with the new rules? David Moulton, who specialises in property disputes at Fraser Dawbarns outlines some key points.
Fixed term tenancies have ended
All tenants will now have assured periodic tenancies, apart from leases with a fixed term of over 21 years. Agreements need to be in writing, and tenants now have to give two months’ notice if they plan to move out. Existing written agreements do not need to be amended but if there is no written agreement a written statement of terms needs to be issued. For existing written tenancies, an Information Sheet was due to have been served by 31 May 2026.
Getting a tenant to vacate
If you wish to get a tenant to vacate, it is no longer possible to serve a ‘no fault’ Section 21 notice. There are however other situation-dependent alternatives. If a landlord needs to sell, move in, or grant a long lease then this is possible by giving four months’ notice to tenants, provided the tenancy has been ongoing for at least 12 months by the time the notice expires. Landlords cannot then market or re-let the property for 12 months, the only exception being for shared ownership leaseholders. There are also better options when dealing with student accommodation, if a property is required to house an agricultural worker or if the landlord needs to gain possession to make improvements in line with local council enforcement action.
Rent increases
Under the new regime, the standard notice period for increasing a tenant’s rent is two months. Tenants have rights to challenge rent increases imposed by their landlords if they disagree with them. If a dispute over rent increases results in tribunal involvement, there can be no back-dating of rent after the tribunal decision is made. Rent review clauses have also been abolished.
Letting to new tenants
Changes have been made to the process of attracting new tenants. There are several measures aiming to discourage discrimination and there may be fines for non-compliance. Landlords must use legitimate ways of choosing tenants and discrimination is not permitted. You also cannot unreasonably refuse a tenant the right to have a pet in your property. There will undoubtedly be further debate over the definition of ‘reasonable’ in terms of how this is applied by landlords.
If you would like more details, or are having trouble securing possession of a property, our property disputes lawyers will be happy to help.
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This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances. Fraser Dawbarns LLP is always happy to provide such advice.