Understanding the Renters’ Rights Bill: Key Changes and What It Means for Tenants and Landlords in 2025

• Posted onJanuary 15, 2025

The Renters’ Rights Bill, which is likely to become law at some point in 2025, will overhaul the tenancy system.

Elizabeth Watt, examines what the bill seeks to achieve and answers some key questions that have arisen from this below:

The Renters’ Rights Bill

The Renters’ Rights Bill will seek to:

• Abolish Section 21 evictions – tenants will have greater protection and enables them to challenge unfair rent increases without fear of eviction. The new system will be implemented in one go which will mean tenants will get immediate security;
• Ensure possession grounds are fair to both parties – this will allow tenants more security but at the same time ensure landlords can recover their property where reasonable. There are new safeguards which will give tenants more time to find a home if landlords evict to move in or sell and unsure unscrupulous landlords from misusing grounds;
• Provide stronger protections against backdoor evictions – this will ensure that tenants can appeal excessive above market rents which are usually used to force tenants out. Landlords will still be able to increase rents at market price and an independent tribunal will consider this further, if required;
• Introduce a new private rented sector landlord ombudsman – this will provide quick, fair, impartial and binding resolutions for complaints brought by tenants about their landlord;
• Create a private rented sector database – this will ensure landlords understand their legal obligations and demonstrate compliance. Further, it will provide better information to tenants to allow them to make informed decisions regarding tenant agreements. Landlords need to be registered on the database to use possession grounds;
• Give tenants strengthened rights to request a pet – landlords need to consider this and not unreasonably refuse. In addition, landlords can request pet insurance to cover damage to their property caused by the pet;
• Apply the decent homes standard to the private sector – this will provide tenants safer, better value homes. It will also remove the blight of poor quality homes in local communities;
• Apply ‘Awaab’s Law’ to the sector – this will set clear legal expectations about timeframes within which the landlords need to take action to make homes safe where they contain serious hazards;
• Make it illegal for landlords and agents to discriminate against prospective tenants in receipt of benefits or with children – this will ensure everyone is treated fairly when searching for a home to rent;
• End the practice of rental bidding by prohibiting landlords and agents from asking for or accepting offers above the advertised rent – this ensures that landlords and agents advertise the asking rent and making it illegal to accept offers made above this rate;
• Strengthen local authority enforcement – this will expand civil penalties and introduce a package of investigatory powers and bring in a new requirement for local authorities to report on enforcement activity;
• Strengthen rent repayment orders – these will deter landlords from non-compliance and empower tenants to take effective action against unscrupulous landlords.

Although there are many changes proposed, as summarised above, the main changes proposed are banning Section 21 no fault evictions and to enable landlords to use the Section 8 eviction process, they will need to provide proof that deposit protection is in place. Additionally, no eviction can take place in the first year of the tenancy unless on the basis of non payment of rent, the First Tier Tribunal can order up to two years’ rent to be repaid where the grounds for repossession are used incorrectly and landlords will need to show that three months’ rent is outstanding where eviction is sought on the basis of rent arrears.

Frequently Asked Questions on the Renters’ Rights Bill

What is a rent repayment order?

A landlord who has committed an offence can be ordered to repay an amount of rent to the tenant or local authority.

How is a rent repayment order applied for?

Tenants can apply to the First-Tier Tribunal where they believe their landlord has committed a listed offence.

What offences can be sought for?

• Knowingly or recklessly misusing a possession ground
• Breach of a restriction on letting or marketing a dwelling-house
• Continued breach of landlord redress scheme regulations after imposition of a financial penalty for the breach
• Provision of false information to the Private Rented Sector Database when purporting to comply with PRSD Regulations
• Continued failure to register with PRSD after imposition of a financial penalty for this breach

What is a Section 8 Notice?

Section 8 of the Housing Act 1988 is fault based. Schedule 2 sets out the different grounds which the landlord can use to evict tenants including unpaid rent or the landlord wants to move back into the property.

What is a Section 21 Notice?

Section 21 of the Housing Act 1988 is non fault based and is a mechanism by which landlords can evict their tenants usually where they want to sell the property. Section 21 can only be used where landlords have provided the tenant with the How to Rent Checklist, EPC and gas safety certificate and, where they have taken a deposit, have protected it in a tenancy deposit protection scheme.

What is ‘Awaab’s Law?

This was introduced following the tragic and avoidable death of 2 year old Awaab Ishak following exposure to mould in his social rented home. Under the Renters’ Reform Bill, this will be extended to the private rental sector and ensures all tenants in England can challenge dangerous conditions and all landlords must take action to ensure all homes are safe. If landlords do not comply, then tenants will be able to bring enforcement action in the Courts.

What are the new grounds for possession and notice periods?

Ground		Summary	Notice period
Mandatory grounds
1	Occupation by landlord or family	The landlord or their close family member wishes to move into the property. Cannot be used for the first 12 months of a new tenancy.	4 months
1A	Sale of dwelling-house	The landlord wishes to sell the property. Cannot be used for the first 12 months of a new tenancy.	4 months
1B	Sale of dwelling-house under rent-to-buy	The landlord is a private registered provider of social housing and the tenancy is under a rent-to-buy agreement.	4 months
2	Sale by mortgagee	The property is subject to a mortgage and the lender exercises a power of sale requiring vacant possession.	4 months
2ZA	Possession when superior lease ends	The landlord’s lease is under a superior tenancy that is ending. Can only be used by private registered providers of social housing, agricultural landlords, a person who held the dwelling for the purposes of making it supported accommodation or a company majority owned by a local authority.	4 months
2ZB	Possession when superior lease ends	The landlord’s lease is under a superior tenancy that is coming to an end or has ended. Can only be used if the superior lease was for a fixed term of over 21 years.	4 months
2ZC	Possession by superior landlord	After a superior tenancy ends, the superior landlord becomes the tenant’s direct landlord and seeks to take possession. Can only be used where the intermediate landlord prior to reversion was a private registered provider of social housing, agricultural landlord, a person who held the dwelling for the purposes of making it supported accommodation or a company majority owned by a local authority.	4 months
2ZD	Possession by superior landlord	After a superior tenancy ends, the superior landlord becomes the tenant’s direct landlord and seeks to take possession. Can only be used where the superior lease was for a fixed period of over 21 years and has expired, or within a 12 month period of the fixed term expiry date, if the fixed term has been ended early. Or if the superior tenancy comes to an end after the expiry of the fixed term as a result of a valid notice.	4 months
4	Student accommodation	In the 12 months prior to the start of the tenancy, the property was let to students. Can only be used by specified educational establishments.	2 weeks
4A	Properties rented to students for occupation by new students	A property is let to full-time students and is required for a new group of students in line with the academic year.	4 months
5	Ministers of religion	The property is held for use by a minister of religion to perform the duties of their office and is required for occupation by a minister of religion.	2 months
5A	Occupation by agricultural worker	The landlord requires possession to house someone who will be employed by them as an agricultural worker.	2 months
5B	Occupation by person who meets employment requirements	A private registered provider of social housing holds the property for use by tenants meeting requirements connected with their employment and it is required for that purpose (and the current tenant does not fulfil those requirements).	2 months
5C	End of employment by the landlord	Previously ground 16 (expanded). The dwelling was let as a result of the tenant’s employment by the landlord and the employment has come to an end OR the tenancy was not meant to last the duration of the employment and the dwelling is required by a new employee.	2 months
5D	End of employment requirements	A private registered provider of social housing, included an employment requirement in the tenancy agreement that the tenant no longer fulfils (e.g., key worker).	2 months
5E	Occupation as supported accommodation	The property is held for use as supported accommodation and the current tenant did not enter the tenancy for the purpose of receiving care, support or supervision.	4 weeks
5F	Dwelling-house occupied as supported accommodation	The tenancy is for supported accommodation and one of the circumstances set out in the ground, making the accommodation no longer viable or suitable for that tenant, has occurred.	4 weeks
5G	Tenancy granted for homelessness duty	The property has been used as temporary accommodation for a homeless household, under s193 of the Housing Act 1996, and a local housing authority has notified the landlord that the tenancy is no longer required for that purpose. The landlord can only use this ground if within 12 months of the date of the notice from the local housing authority.	4 weeks
5H	Occupation as ‘stepping stone accommodation’	A registered provider of social housing or a charity lets to a tenant meeting eligibility criteria (e.g., under a certain age) at “affordable rent”, to help them access the private rented sector and/or transition to living independently, and the tenant no longer meets the eligibility criteria, or a limited period has come to an end.	2 months
6	Redevelopment	The landlord wishes to demolish or substantially redevelop the property which cannot be done with the tenant in situ. Various time limits and/or notice requirements exist for this ground depending on the circumstances. The landlord and tenancy must be of the kind listed in the table.	4 months
6A	Compliance with enforcement action	The landlord is subject to enforcement action and needs to regain possession to become compliant.	4 months
7	Death of tenant	The tenancy was passed on by will or intestacy. Possession proceedings must begin no later than 12 months after death or, if the court directs, after the date on which the landlord became aware of the death.	2 months
7A	Severe ASB/Criminal Behaviour	The tenant has been convicted of a type of offence listed in the ground, has breached a relevant order put in place to prevent anti-social behaviour or there is a closure order in place prohibiting access for a continuous period of more than 48 hours.	Landlords can begin proceedings immediately
7B	No right to rent	At least one of the tenants has no right to rent under immigration law as a result of their immigration status and the Secretary of State has given notice to the landlord of this.	2 weeks
8	Rent arrears	The tenant has at least 3 months’ (or 13 weeks’ if rent is paid weekly or fortnightly) rent arrears both at the time notice is served and at the time of the possession hearing.	4 weeks
Discretionary grounds
9	Suitable alternative accommodation	Suitable alternative accommodation is available for the tenant	2 months
10	Any rent arrears	The tenant is in any amount of arrears	4 weeks
11	Persistent arrears	The tenant has persistently delayed paying their rent,	4 weeks
12	Breach of tenancy	The tenant is guilty of breaching one of the terms of their tenancy agreement (other than the paying of rent).	2 weeks
13	Deterioration of property	The tenant has caused the condition of the property to deteriorate.	2 weeks
14	Anti-social behaviour	The tenant or anyone living in or visiting the property has been guilty of behaviour causing, or likely to cause, nuisance or annoyance to the landlord, a person employed in connection with housing management functions, or anyone living in, visiting or in the locality of the property. Or the tenant or a person living or visiting the property has been convicted of using the premises for illegal/immoral purposes, or has been convicted of an indictable offence in the locality.	Landlords can begin proceedings immediately
14A	Domestic Abuse	A social landlord wishes to evict the perpetrator of domestic violence if the partner has fled and is unlikely to return.	2 weeks
14ZA	Rioting	The tenant or another adult living at the property has been convicted of an indictable offence which took place at a riot in the UK.	2 weeks
15	Deterioration of furniture	The tenant has caused the condition of the furniture to deteriorate.	2 weeks
17	False statement	The tenancy was granted due to a false statement made knowingly or recklessly by the tenant or someone acting on their instigation.	2 weeks
18	Supported accommodation	The tenancy is for supported accommodation and the tenant is refusing to engage with the support.	4 weeks