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International legal practice Osborne Clarke is warning the new government to give clarity to the measures in its Renters Rights Bill and to avoid triggering evictions as new provisions are introduced.
In a lengthy website statement setting out what is known so far about the Bill - first mentioned in last month’s Kings Speech - the law practice says: “There are many points concerning the content of the RRB that are not clear, at present, given the minimal amount of information shared about the proposed bill by the government in the King's Speech and subsequent official documents.
“It is uncertain whether the RRB will include provisions to abolish fixed-term assured shorthold tenancies and replace them with rolling periodic tenancies, allowing tenants ultimate flexibility. This was originally proposed in the Conservative's Renter's (Reform) Bill but was a big concern for rental operators at the time, as having no fixed-term tenancies could have a significant impact on their operating model.
“It is also not clear whether the RRB will include carve-outs for the student sector, which the purpose-built student accommodation industry was lobbying for with the Renter's (Reform) Bill.
“And it is not yet known when the RRB will come into force. Labour promised to abolish section 21 notices ‘immediately’ upon election; but there is minimal information about the bill and no visible progress on taking it through Parliament to receive royal assent. However, the fact that there has already been much debate about the reforms may help to speed up its progress.
“The RRB is also expected to apply retrospectively, but it remains unclear whether this has been confirmed and how this will work in practice.”
The Bill is expected to includes ending the use of section 21, and to provide new and expanded grounds to be fulfilled for a landlord to regain possession of a property under section 8. It is also likely to introduce a social housing-style decent homes standard, and make it easier for tenants to keep pets
There will also be a compulsory Ombudsman scheme, the extension of "Awaab’s law" and a so far-unspecified power for tenants to challenge so-called “unreasonable” rent rises.
Osborne Clarke says the publication of the draft bill this autumn is likely to give greater clarity, but it warns: “Clearly, the rental market is poised for significant change … the government will need to be mindful to ensure they do not spark a slew of evictions under any transitional provisions.”
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