LGA expresses concerns that proposed amendments will weaken Renters Reform Bill and delay ‘no fault’ evictions ban

The Local Government Association (LGA) has voiced concern that proposed amendments to the Renters Reform Bill tabled by the Government could weaken key measures, including the ban on Section 21 ‘no fault’ evictions, the redress scheme and essential enforcement measures.

In a briefing prepared while the Bill is at the Report Stage in the House of Commons, the LGA called on the Government to make progress with the legislation and bring an urgent end to ‘no fault’ evictions.

The LGA said it supported a number of the proposed changes, which include (among others) tabled amendments that:

• enable local housing authorities to impose financial penalties on certain individuals when it believes a housing offence has been committed by a body corporate.
• increase the time which must elapse between a landlord taking ownership of a property for the purposes of them or their family occupying it and making the property available to rent from three months to six months.
• allow for the ground for possession for student properties to also be used for properties occupied by just one or two students, which would not otherwise be considered as HMOs.
• require landlords or persons acting on their behalf to state the proposed rent payable in the advertisement for the premises.
• ensure that blanket bans on renting to families with children or those in receipt of benefits are presumed to be unlawful discrimination unless proved otherwise.
• require the Government to publish a review of the impact of the amended grounds for possession within two years of the Act coming into force.
• ensure that the abolition of section 21 evictions would come into force on Royal Assent, with saving provisions for any notices served before that date.
• see social housing providers able to offer properties to another tenant, rather than only selling the property, when a rent-to-buy agreement has not been fulfilled.
• maintain the existing definition of anti-social behaviour as being conduct causing or likely to cause a nuisance or annoyance, rather than being defined as behaviour “capable of causing” nuisance or annoyance.
• extend the provisions of Awaab’s law to the private rented sector.

However, the LGA also opposed a number of amendments, notably those which:

• remove the ability of local housing authorities to designate areas as subject to selective licensing.
• would exclude the introduction of Rent Repayment Orders (RROs).
• would ensure that the homelessness prevention duty owed by a local authority cannot end whilst a valid notice under section 8 of the Housing Act 1988 has been issued in respect of the only accommodation available to that person.
• would maintain the homelessness prevention duty owed by local authorities to persons who have received a notice to vacate a property and would extend it to notices for possession issued under section 8 of the Housing Act 1988.
• would require the Secretary of State to publish a review of the operation of residential possession proceedings before determining the commencement date for the provisions of Chapter 1 of Part 1.

The LGA said it strongly opposed this last amendment on the basis that it would further delay the implementation of the abolishment of Section 21 ‘no fault’ evictions.

“We are already very concerned by the commencement clause that would allow the Secretary of State to delay the implementation of the ban, while the Government addresses court backlogs. Without a sufficient strategy, including timescales to address the alleged backlogs, this delay could be indefinite, the briefing said.

“Court delays have fallen to pre-pandemic levels and do not justify delaying the ban. While court delays are far from ideal, a robust judicial process must take time to account for proper case making. 

“We maintain that the introduction of a ban on Section 21 evictions will not have such a profound impact on the court system to warrant a delay in its introduction. The abolition [of] Section 21 is likely to, as designed, dramatically reduce the overall number of evictions. While there may be an increase in Section 8 evictions, the current number of Section 21 evictions will not translate into Section 8 evictions following the ban.”

The National Residential Landlords Association has meanwhile told the Government to “get on with” the Bill.

Chief executive Ben Beadle criticised the huge amount of concern and uncertainty for tenants and responsible landlords caused by the Government’s approach to the legislation.

He said: “The Government has a mandate to end section 21 repossessions. Our focus has been on ensuring that the replacement system works, and is fair, to both tenants and responsible landlords. The changes being proposed would achieve this balance.

“Ministers now need to crack on to ensure the Bill can proceed with the scrutiny it deserves.

“The lack of progress and uncertainty about the future is destabilising and damaging for those living and working in the private-rented sector. It is time to bring this to an end.”

Harry Rodd