Renters Rights Bill and Supported Accommodation
The Renters Rights Bill is making its way through the parliamentary process and is all about making sure that tenants, in particular those renting from private landlords have “greater security and stability so they can stay in their homes for longer, build lives in their communities, and avoid the risk of homelessness”. This blog explores some of the implications for supported accommodation and considers what providers might need to do to prepare.
The Bill proposes to:
- Abolish section 21 evictions and move to a simpler tenancy structure where all assured tenancies are periodic.
- Ensure possession grounds are fair to both parties.
- Provide stronger protections against backdoor eviction
- Introduce a new Private Rented Sector Landlord Ombudsman
- Create a Private Rented Sector Database.
- Give tenants strengthened rights to request a pet in the property.
- Apply the Decent Homes Standard to the private rented sector
- Apply ‘Awaab’s Law’ to the sector.
- Make it illegal for landlords and agents to discriminate against prospective tenants in receipt of benefits or with children
- End the practice of rental bidding by prohibiting landlords and agents from asking for or accepting offers above the advertised rent.
- Strengthen local authority enforcement.
- Strengthen rent repayment orders
The majority of those affected will be tenants and landlords of general needs housing in England, however, the new legislation will also apply to supported housing, where the provider is not a Registered Social Landlord (although the ending of Section 21 notices will eventually apply to Registered Providers too).
The Bill as it stands now will apply to tenancies and could apply to licences to occupy. Some provisions of the Bill specifically state that for that section a tenancy “includes licence to occupy”. So even if an accommodation provider don’t have any tenancies, there may still be implications for the organisation. Many supported housing providers have a mix of Assured Shorthold Tenancies (AST) and licences, depending on the type of accommodation. Broadly ASTs should be used where the property is self-contained, and licences when accommodation has shared facilities. However, some providers may still be (wrongly in most cases) using licences where accommodation is self-contained.
The Bill is clear that Supported Accommodation needs to be treated differently from general needs housing, and makes provision for shorter notice periods for possession (generally 4 weeks as opposed to 2 or 4 months) and sets out under what circumstances notice can be given specifically for supported accommodation, including where there is no longer a need for support, where support no longer meets a tenants need, where funding for support has ended and when a person is not engaging with support. A category for “Stepping Stone” accommodation has also been created for accommodation which is specifically for a transitional period helping people to move to independence. However, this does not mean supported accommodation providers can be confident their existing processes will meet the requirements of the bill. It is likely that more detailed notices will need to be served, setting out the evidence for ending the supported tenancy.
It is unclear whether supported housing providers will have to sign up to the PRS Landlord Ombudsman or be on the PRS Database. Given the Supported Housing (Regulation) Act, which is being consulted on now, it would make sense to exclude supported housing from these processes, as they will have a licence via the new supported housing regulations, otherwise supported housing providers will face double fees and double administration costs.
The supported housing regulation proposals suggest local licencing could use the Decent Homes Standard to assess property condition, so it seems likely that either way, all supported accommodation will need to meet Decent Homes under one regime or the other. Likewise, Awaab’s Law, which will be implemented in phases from October 2025 will eventually (by 2027) require all landlords (private and social ) to address all 29 hazards listed in the Housing health and safety rating system (HHSRS) (excluding overcrowding).
Once the Bill passes in to law there will be a period of consultation on the implementation, guidance published and dates set for the various provisions to be enacted. So there will be further opportunities to clarify the interpretation of the Bill and influence implementation. However, it’s worth starting to think about the impact sooner rather than later.
In summary, all providers of Supported Accommodation need to be thinking about the Renters Reform Bill and asking:
- Have we got the right tenancy or licence agreements in place now?
- What might we need to change in our policies and procedures to ensure we meet the requirements of the Renters Reform Act when it comes in?
- Can we evidence our properties meet Decent Homes Standards?
- What does Awaabs law mean to us, what else might we need to put in place and how do we evidence compliance?
- What support or guidance do we need to ensure compliance and make sure we are upholding our responsibilities as a landlord and ensuring the rights of our residents.
We can help you think these questions through and plan ahead, just get in touch if you’d like to find out how. NOT LEGAL ADVICE DISCLAIMER.
