Renters' Rights Bill

Written evidence submitted by Training for Professionals (further submission) (RRB49)

Submission on the Renters’ Rights Bill

Written evidence submitted by Nicholas Sharp, a person working for a company that provides training and support service to the private rented sector. This submission was drafted by Nicholas Sharp, with over 23 years’ experience of the PRS.

Executive summary

There are several areas of the bill that need consideration or correction. They are summarised below.

1) The effect of notice to quit served by one of joint tenants

2) The effect of a tenant’s withdrawal of a notice

3) The effect of the death of landlord after the service of a notice under grounds 1 or 1A

4) Clarification concerning the restricted period and the impact on a purchaser.

Details

1) Tenant’s notice. If one joint and several tenant gives a notice to quit during a periodic tenancy, Hammersmith v Monk would say this is valid to end the contract. Firstly, what happens if the others don’t leave. The landlord does not have vacant possession and so is not free to do what they want with the property. Secondly, if the others leave they will be intentionally homeless. If they stay and can’t afford the rent (due to one less person paying) they are intentionally homeless. This needs to be addressed. Thirdly, if one of the joint tenants serves notice, can one of the others withdraw the notice. Legally there is only a single "tenant" and the actions of one affect all. What happens about the Distress for Rent Act where if a tenant gives notice and fails to vacate they are liable to double rent? How would the landlord be able to enforce possession if one has given notice, without waiting for rent equal to three months’ rent to be in arrears. (if one tenant paying a third of the rent stops paying because they left it would take 9 months for there to be 3 months of rent arrears).

2) Clarity required here. If a notice is withdrawn (by agreement), normally this constitutes a surrender and regrant. This matters as the rule about ground 1 and 1A talks about the 12 months of the current tenancy and the surrender and regrant would create a new tenancy and reset the 12 months clock. Landlord would be unlikely to agree a withdrawal if the 12 months resets.

3) What happens if the landlord serves ground 1 or 1A and then dies? The family member may be different for the executors to the deceased landlord. Do you carry on with the deceased landlords relative (who may now be inheriting the landlord’s home and now does not want the rented property? What happens with a sale where on death the estate should pass on the estate to those inheriting and they may not want to sell.

4) It would be good if it was clear that a purchasing landlord is not affected by the restricted period after Ground 1A. Otherwise a landlord buyer may not be able to rent it out.

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October 2024