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What are the rules about renting and eviction, and how are they changing? | What are the rules about renting and eviction, and how are they changing? |
(21 days later) | |
The government is introducing a law to ban so-called "no-fault" evictions. | 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. | 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? | 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. | 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. | 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. | 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: | There are two main types of eviction notice for people with these tenancies, which the landlord must provide in writing, external: |
section 8, external - where they provide a reason for wanting the tenant to leave, such as late rent payments | section 8, external - where they provide a reason for wanting the tenant to leave, such as late rent payments |
section 21, external - where they don't provide a reason (a "no-fault" eviction) | section 21, external - where they don't provide a reason (a "no-fault" eviction) |
Once the notice period ends - at least two months under section 21 - the landlord can start eviction proceedings in court. | 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. | 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. | 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. | 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? | 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. | 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. | 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. | 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. | 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. | 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. | 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. | 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. | 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? | 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. | It depends on your rental agreement and where you live in the UK. |
If you are on a fixed term in England, the landlord: | 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 | 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 | 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: | If you are on a rolling agreement, the landlord: |
can usually only put up the rent once a year | can usually only put up the rent once a year |
must give at least one month's notice | 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. | 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. | 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 | 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. | The rules about rent rises are different in Scotland, external, Wales, external and Northern Ireland, external. |
What are the rules about deposits? | 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. | 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. | 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: | This means you will get your deposit back if you: |
meet the terms of your tenancy agreement | meet the terms of your tenancy agreement |
do not damage the property | do not damage the property |
pay your rent and bills | 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. | 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. | The TDP can help resolve disputes. |
Different schemes operate in Scotland, external and Northern Ireland, external. | Different schemes operate in Scotland, external and Northern Ireland, external. |
What condition does a rental home have to be in? | 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. | 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. | 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. | 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. | 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. | 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. |
What can you do if your landlord won't fix something? | What can you do if your landlord won't fix something? |
How will Awaab’s law help tackle mould in houses? | How will Awaab’s law help tackle mould in houses? |
Can a landlord refuse to rent to me if I have children or claim benefits? | 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. | 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. | 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. | 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 | 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. | The new bill directly outlaws blanket bans for tenants with children or who are on benefits, external. |
What are the rules about pets? | What are the rules about pets? |
A legal tenancy agreement can specify that no pets are allowed. | 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. | But if it says permission can be sought for a pet, a landlord needs a reason to refuse. |
The new law will give all tenants a legal right to request to keep a pet. | 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. | 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? | When can a landlord enter a rental property? |
In England, the landlord must give at least 24 hours' notice to enter, external. | 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. | 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. | After any initial inspection when a tenant moves in, visits should be at least three months apart, according to the National Residential Landlords Association. |