As we know from the initial bill, section 21 evictions will be abolished (sometimes referred to as “no fault” evictions). This is unchanged as the bill has passed through Parliament.

Key amendments to the bill

However, there are a number of changes made to the Bill.

Pets

Landlords will not have the right to make a blanket ban on pets. However, they will be able to put some conditions in place, such as requiring insurance for damage caused by pets.

Only one month’s rent in advance

Limiting advance rent has also been a hot topic and it has been determined in the third reading that landlords can only charge up to one month's rent in advance. A number of landlord representative organisations are arguing that this could well exclude those tenants who may be deemed a higher risk, from securing a rental property.

Even if a tenant offered to pay more, it would be unlawful for the landlord to accept the offer.

Guarantors

If a tenant dies, the guarantor will no longer be liable for the rent after their death. However, the landlord will be able to reclaim costs owed before the tenant’s death.

There is also a general change to the guarantor’s liability, making them only liable for a maximum of six months’ rent.

Compensation to tenants

Housing Minister Matthew Pennycook MP proposed an amendment to ground 6A, which would give the courts power to make landlords, who have been at fault in their reasoning for eviction, pay compensation to evicted tenants.

Students

Students will not be locked into contracts for more than six months in advance. New possession ground 4A will not be available if the tenant entered into the tenancy more than six months before they actually started living there.

Ombudsman

Landlords will contribute to a national database that funds an ombudsman to resolve disputes.

Private rental sector database

It has been confirmed that the database will include information about landlords, properties, and enforcement action.

What action should landlords take now for possession?

Landlords with a possession order to remove tenants might want to consider instructing us to evict under a writ of possession before the Bill is passed into law. Waiting for county court bailiffs may mean that the time to take action runs out.

Here are the latest statistics from the Ministry of Justice on mortgage and landlord possessions for July to September 2024 on the average times for landlord claims:

• From claim to order – 11.6 weeks
• From claim to warrant – 14 weeks
• From claim to repossession – 37.8 weeks

So, a landlord receiving a possession order at the end of January, would, on average, need to wait till the end of July to have the eviction undertaken by a county court bailiff – as opposed to a matter of days by a High Court Enforcement Officer (HCEO).

The end of July may well be after the Bill becomes law, thus preventing the eviction from going ahead.