How are renting and eviction rules changing?

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Two young women unpacking boxes in a flatImage source, Getty Images

By Tom Espiner & Jennifer Clarke

BBC News

The government is introducing a law to ban so-called "no-fault" evictions.

The Renters' Rights Bill will also outlaw rental "bidding wars", and stop landlords from blocking tenants on benefits or who have children or pets.

What are the current rules about evictions?

Landlords already have to follow strict rules if they want a tenant to leave, which vary according to the type of tenancy.

Failure to follow the correct process can mean the eviction is illegal.

Most tenants in England's 4.6m privately rented homes, external have an assured shorthold tenancy, usually for a fixed term of six or 12 months, or rolling - with no end date.

There are two main types of eviction notice for people with these tenancies, which the landlord must provide in writing, external:

Once the notice period ends - at least two months under section 21 - the landlord can start eviction proceedings in court.

According to the housing charity Shelter, there have been more than 26,000 no-fault evictions in England since 2019, when the Conservatives first promised to change the law.

But it is illegal for landlords to change the locks or use force, external to evict a tenant.

Other tenancy contracts have different rules, external, and eviction rules also vary in Scotland, external, Wales, external and Northern Ireland, external.

How will evictions work in the future?

The Renters' Rights Bill, external - which must be approved by MPs and peers - will ban section 21 evictions in England, and introduce a new system for evicting tenants where the landlord has grounds for asking them to leave.

If the bill becomes law, new tenants will have a 12-month "protected period" where they can't be evicted if the landlord wants to move in or sell the property.

After this period, the landlord will have to give them four months' notice to leave.

The landlord will still be able to reclaim the property for other reasons, external, such as rent arrears or criminal behaviour.

Once the protected period ends, tenancies will move to what the government calls "a periodic basis", with no fixed end date. Landlords will have to provide a specific reason and give notice to end a tenancy.

When the new system is implemented, all existing tenancies - including rolling ones - will convert to the new system.

Housing Minister Matthew Pennycook hopes the changes will take effect before summer 2025.

A new system for private providers of social housing will be introduced separately.

How often can my landlord increase my rent, and by how much?

It depends on your rental agreement and where you live in the UK.

If you are on a fixed term in England, the landlord:

  • normally can't put the rent up until the term ends - unless the contract has a rent review clause, external

  • must give at least one month's notice, or six months' notice if the fixed term is a year

If you are on a rolling agreement, the landlord:

  • can usually only put up the rent once a year

  • must give at least one month's notice

In England, landlords can only increase your rent by a "fair and realistic" amount, external, in line with average local rents.

Under the new plans, all private landlords will only be allowed one annual rent increase at the market rate.

They will also have to publish how much rent they want when re-letting a property, banning rental bidding wars

The rules about rent rises are different in Scotland, external, Wales, external and Northern Ireland, external.

What are the rules about deposits?

The most landlords can ask for is five weeks' rent - or six if you pay more than £50,000 a year, external.

If you have an assured shorthold tenancy in England or Wales, landlords must put your deposit in a government approved tenancy deposit scheme (TDP), external.

This means you will get your deposit back if you:

  • meet the terms of your tenancy agreement

  • do not damage the property

  • pay your rent and bills

At the end of your tenancy, the landlord must return the deposit within 10 days of agreeing the amount owed.

The TDP can help resolve disputes.

Different schemes operate in Scotland, external and Northern Ireland, external.

What condition does a rental home have to be in?

Tenants in England have the right to "live in a property that's safe and in a good state of repair", external.

Similar rules apply in Scotland, external, Wales, external, and Northern Ireland, external.

A home could be unfit if, for example, the electrics are unsafe, it's damp, or there's a problem with mice, external.

The new law will extend a series of mandatory building safety rules for social properties to private renters.

It also specifies a timeframe for landlords to resolve serious hazards, external. Failure to do so risks a fine of up to £7,000 or prosecution.

Can a landlord refuse to rent to me if I have children or claim benefits?

No current laws explicitly stop landlords from rejecting families with children.

However, since women are more likely to live with children, any such refusal in England, Wales and Scotland is likely to be indirect discrimination under the Equality Act 2010, says Shelter.

The charity has a guide on how to challenge a ban, external. Housing Rights, external can advise in Northern Ireland.

Similarly, refusing to rent because someone is on benefits may break equality law, according to Citizen's Advice., external

The new bill directly outlaws blanket bans for tenants with children or who are on benefits, external.

What are the rules about pets?

A legal tenancy agreement can specify that no pets are allowed.

But if it says permission can be sought for a pet, a landlord needs a reason to refuse.

Image source, Getty Images

The new law will give all tenants a legal right to request to keep a pet.

If passed, the landlord can only refuse on reasonable grounds, external, although they will be able to ask tenants to take out extra insurance.

When can a landlord enter a rental property?

In England, the landlord must give at least 24 hours' notice to enter, external.

They must visit at a reasonable time of day, unless it's an emergency.

After any initial inspection when a tenant moves in, visits should be at least three months apart, according to the National Residential Landlords Association.

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