Renters Reform Bill – No-fault evictions to be banned in reform of rental sector

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Being described as a once in a generation reform The Renters Reform Bill was introduced in Parliament on 17th May 2023. This sets out new proposals to radically change the way tenants rent properties from landlords.

One of the most talked about change is the proposal to abolish Section 21 No Fault Evictions and deliver a simple more secure tenancy structure.

The proposal is that all tenancies are to become periodic tenancies from the start and abolish fixed term tenancies. They will require the tenant to give two months’ notice to vacate the property rather than the current one months but the idea of being on a periodic tenancy is that the tenant will not be liable for large sums of rent should they decide to leave the property. By abolishing Section 21 evictions this will give tenants more rights in remaining in the property and more control.

Another change is to ensure that the property is suitable for a tenant to live in. Currently rented properties meeting a minimum EPC standard of E is require if the property is under E then the property cannot be rented. The proposals changes the minimum EPC rating to C by 2035.

Another change to help balance up the Section 21 Abolishment is to reform the Grounds for Possession under Section 8. One of the proposals for rent arrears is to introduce a new mandatory ground for repeated serious arrears. Eviction will be mandatory where a tenant has been in at least two months rental arrears three times within the previous three years regardless of any rent arrears balance at the possession hearing. This will stop tenants from paying off a small amount of arrears to take them or keep them below the mandatory repossession threshold or suddenly paying the arrears prior to the Court hearing.

Other changes are:

  • For anti social behavior or criminal behavior the proposal will lower the notice period for the existing mandatory eviction grounds and there will be further assistance provided in order to resolve issues at an early stage.
  • Make it illegal for landlords and agents to have blanket bans on renting to tenants in receipt of benefits or with children ensuring no family is unjustly discriminated against when looking for a place to live.
  • Tenants would be given the legal right to request to keep a pet in their home, which the landlord cannot unreasonably refused.

Can you apply to shorten the period between issuing divorce proceedings and obtaining the conditional order?

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The Divorce, Dissolution and Separation Act brought into effect a minimum 20-week period from the commencement of divorce proceedings to a conditional order* being made. It was thought that the 20-week wait would allow more time for divorcing couples to agree practical arrangements where reconciliation is not possible and divorce unavoidable.

A national firm broadcast last week that it had successfully applied to the court to shorten the 20-week window for its client, who has serious and life-limiting health issues.

The application itself was about safeguarding financial independence and the notion that any delays may have adversely affected the client.
Section 1(8) of the Matrimonial Causes Act states that the court, dealing with a particular case, can shorten the 20-week period; however, the legislation does not provide a list of reasons why an exception can be made. The firm in question worked on the basis that under the old rules, applications could be made to shorten the time between a decree nisi and decree absolute (6 weeks and 1 day) on health grounds.

A conditional order was made 10 weeks after the divorce application was issued.

*Conditional order replaced decree nisi on 6th April 2022. Conditional order acts as the first of two decrees that you will need to obtain to get divorced. 6 weeks and a day after the court makes a conditional order you may apply to the court for a final order (previously referred to as decree absolute). This legally end the marriage.