Overview

The Tenancies (Reform) Bill aims to strengthen tenant rights in England by preventing retaliatory evictions, improving notice periods for ending assured shorthold tenancies, and ensuring fairer rent apportionment. It introduces several key changes to the existing legislation governing such tenancies.

Description

This bill primarily amends the Housing Act 1988, focusing on Section 21 notices (which allow landlords to reclaim possession of a property). Key changes include:

Preventing Retaliatory Evictions

Landlords are prevented from issuing Section 21 notices within six months of a tenant making a complaint about the property's condition to either the landlord or the local housing authority, unless certain exemptions apply (detailed below).

Notice Periods and Procedures

The bill introduces minimum notice periods before a Section 21 notice can be served and before possession proceedings can begin. There's also a requirement for a prescribed form for Section 21 notices, to be determined by the Secretary of State.

Rent Apportionment

If a tenancy ends prematurely due to a Section 21 order, and rent was paid in advance, tenants are entitled to a rent apportionment if they weren't in occupation for part of the paid-for period. The landlord must repay this apportioned rent.

Exemptions

Several exemptions exist to the restrictions on Section 21 notices, including:

• Tenant breaches of their tenancy agreement regarding the condition of the property.
• Frivolous or baseless tenant complaints.
• Genuine sale of the property (excluding sales to associated parties or business partners).
• Landlords who are private registered social housing providers.
• Mortgagee needing possession to sell the property due to mortgage default.

Government Spending

The bill's financial implications are not explicitly stated in the provided text. The main impact is likely to be indirect, through changes in legal processes and potential increases in local authority workload concerning tenant complaints.

Groups Affected

The bill significantly affects:

• Tenants: Gain increased protection against unfair evictions and clearer processes for rent repayment in case of early termination.
• Landlords: Face stricter regulations on issuing Section 21 notices and may face additional costs or administrative burdens.
• Local Housing Authorities: May experience increased workload handling tenant complaints and inspections.
• Courts: Will handle cases involving rent apportionments and Section 21 disputes.

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