Dec

LATEST: Government appears to confirm ‘biggest change to tenancy law in a generation’

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The Government appears to have confirmed that it will get rid of both Assured Periodic Tenancies and fixed-term tenancies in favour of a single, universal ‘periodic tenancy’.

This was originally flagged up in its Fairer Renting white paper published in June as a proposal but now officials want to hear the views of landlords, agents and tenants within a consultation due to finish on 25^th January 2023.

This consultation is part of a technical review of the effects on homelessness following the move to periodic tenancies and the abolition of Section 21 ‘no fault’ evictions in favour of a revised list of mandatory of discretionary Section 8 grounds (see full list here).

It is designed to give renters more flexibility, stability and security in within the private and social rented sector, the consultation says.

But it will have one onerous consequence for landlords – all evictions will soon require a court hearing to evict a tenant at which a landlord will have to ‘prove grounds’.

This is different from the current situation, in which a Section 21 notice can be issued and an eviction notice secured (under certain circumstances) without having to give a reason.

Move quickly

“This quick-fire consultation on the impact on homelessness from the proposed Renters Reform Bill just shows that they are looking to move quickly next year and that they are concerned about the impact on local authority resourcing – and also that all references to Section 21, assured shorthold tenancies and fixed term tenancies are due to be removed,” says Tim Frome (pictured) of the Hamilton Fraser Group.

“Whether they have listened to the industry and allow fixed-term tenancies in certain sectors such as the student market remains to be seen.

“2023 is going to see the biggest change in tenancy law in a generation so all landlords and agents need to keep themselves updated with what is going on.”

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