Thank you for contacting me about reforming the private rented sector.
I am confident that the Renters (Reform) Bill will help create a fairer rental market in England. The legislation will provide tenants with more security, while supporting responsible landlords who constitute the overwhelming majority of the sector.
I welcome the Government's intention to abolish Section 21 'no fault' evictions, which I recognise can deter tenants from challenging poor practice or unfair rent increases in fear they will be forced out of their home. I believe that moving to a fairer tenancy structure where all assured tenancies will become periodic will create more security for tenants, without compromising the flexibility which attracts many to the private rented sector.
I support measures in the Bill to introduce more comprehensive possession grounds so landlords can still recover their property, including where they wish to sell their property or move in close family. I believe these are important steps in the absence of Section 21, to ensure landlords have the peace of mind that they can regain their property when their circumstances change or tenants do not fulfil their obligations.
These changes come in addition to new powers to create a Private Rented Sector Ombudsman which will provide fair, impartial and binding resolutions to many issues in the sector. The Ombudsman will allow tenants to seek redress for free, where their landlord has failed to deal with a legitimate complaint about their tenancy. The Government will also set up a Private Rented Property Portal which will help landlords understand their legal obligations and demonstrate compliance, giving good landlords confidence in their position. It will also increase transparency and the information available to tenants before they decide to rent a property.
Care Leavers (NC12)
I am assured that helping care leavers make a successful transition from care to independence is a priority for the Government. As set out in the ‘Children's Social Care: Stable Homes, Built on Love’ strategy, the Government is already seeking to improve care leavers’ access to housing. For example, the Department for Education is providing over £230 million to support young people leaving care with housing, access to education, employment and training.
The Renters (Reform) Bill will outlaw blanket bans on tenants with children, or those on benefits. These clauses include a power for the Government to extend blanket ban provisions to additional cohorts in the future, should the Government find evidence that it is needed. The Minister for Levelling Up has said that this power could be used to extend the provisions to care-experienced people if evidence suggests that it would be effective. The Minister also made clear his willingness to work with colleagues to hear the challenges that care leavers face and how private rented accommodation can be made more accessible to them.
NC39 and Amendment 257
I sympathise with the intentions behind New Clause 39 and Amendment 257, however I share the concerns of my ministerial colleagues about how these amendments could work in practice. For example, I am concerned with the principle of landlords being made to compensate tenants when they have a legitimate reason to use a possession ground, which could be facilitated by New Clause 39. While I understand the intended purpose of Amendment 257, which would amend Ground 12 (possession due to failure to carry out an obligation of the tenancy), it is worth noting that this ground for possession is discretionary. This means that a judge will consider whether the ground has been met and whether the possession is reasonable in each case. The Levelling Up Minister has been clear that the Government therefore thinks it is unlikely that a tenant would be evicted for minor breaches. Nonetheless, the Minister said he would seek to clarify in guidance when this ground ought to be used, and would explore what more could be done in legislation to ensure tenants are not unfairly evicted for minor and unfair breaches to their tenancy agreement.
I am confident that these reforms strike the right balance between delivering security for tenants and fairness for landlords.
Thank you again for taking the time to contact me.
Craig Whittaker MP
April 2024