Why Renters' Rights Bill could bring England in line with Scots Law

The Renters’ Rights Bill, if it becomes law, seeks to address key issues in the private rental sector, focusing on tenant protection and landlord eviction rules in England, writes Dr Simon Best.

The Renters’ Rights Bill aims to modernise and reform the laws governing landlord evictions to provide greater security for renters in England.

Existing law

Under English law, the Housing Act 1988 provides the legal framework by which landlords may obtain possession of a property that has been let under an assured shorthold tenancy. The procedure for gaining possession under section 21 of the 1988 Act allows landlords to obtain possession without needing to provide specific grounds or reasons, such as a breach of the agreement or rent arrears.

Concerns

The current procedure under section 21 of 1988 Act allows landlords to evict tenants without needing to provide a reason. This is known as a ‘no-fault eviction’ – ie no fault on the tenant’s part. This practice has raised concern among many renters, who may be forced to leave their home at short notice, leading to insecurity. The lack of protection has given rise to calls for the reform of the law in this area in order to provide greater rights for tenants and so improve their housing security.

Reform

The Renters’ Rights Bill is a piece of legislation that aims to change the law in this area. In particular, the Bill implements the commitment in the 2024 Labour Party manifesto to reform the regulation of the private rented sector. The aim is to provide protection for people who rent, including abolishing section 21 no-fault evictions.

The Renters’ Rights Bill builds on the Renters’ (Reform) Bill, which was introduced in the House of Commons by the Conservative Government in 2023. However, not all of the parliamentary stages were completed in connection with the Renters’ (Reform) Bill before the dissolution of parliament in May 2024.

The Renters’ Rights Bill was introduced in the House of Commons in 2024. During the debate, MPs highlighted the challenges that renters face in the private rental sector within their constituencies. The Bill received support from members of parliament.

Following this, further amendments to the Renters’ Rights Bill were voted on during the Committee Stage in the House of Commons. MPs backed a one-month cap on advance rent payments. The idea behind this amendment was to address concerns that landlords may demand excessively large sums of rent in advance, potentially up to 12 months’ worth. Without this amendment, it would be difficult for some tenants, who are able to afford the monthly rent but not upfront payments, to rent properties where the landlords required this; their ability to access such rental properties would be restricted.

However, there have been calls for the Bill to go further, particularly regarding rent controls, in order to make renting more affordable and prevent more evictions. This could potentially be achieved by linking rent controls to inflation, which could help to protect tenants from landlords who may attempt to evict them by imposing excessively high rent increases.

The Bill completed its passage through the House of Commons in January 2025 and was introduced to the House of Lords in February. During the Second Reading, topics of the Bill were debated and members highlighted concerns and proposed amendments, including allowing the use of section 21 notices where a landlord has fewer than five properties. The Bill now proceeds to the Committee Stage for a detailed line-by-line evaluation.

The Renters’ Rights Bill, if it becomes law, would move the situation in England closer to Scotland, where no-fault evictions were largely ended for new tenancies in 2017 with the introduction of the private residential tenancy under the Private Housing (Tenancies) (Scotland) Act 2016.

Conclusion

The Renters’ Rights Bill represents a major step towards addressing issues within the private rental sector from a renter’s perspective in England. The Bill aims to protect tenants from potential arbitrary eviction. If the Bill becomes law, it could play a key role in improving housing security for renters in England. However, additional measures may be needed to fully address the affordability and stability issues related to renting.

Written by Dr Simon Best, Associate Professor, Leeds Trinity University