The Act removed section 21 “no-fault” evictions, which had previously allowed landlords to serve two months’ notice without providing grounds such as rent arrears or antisocial behaviour. Tenants had historically been reluctant to challenge rent increases via tribunal, fearing a section 21 notice in retaliation.
The legislation also changed the point from which any revised rent becomes payable. Tenants who lose a tribunal case now owe the higher rent only from the date of the decision, rather than from the date of application — a change that removes the risk of significant backdated liability. A £47 fee to bring a case has, however, been introduced; the process was previously free.
“The system means that the worst outcome for the tenant is they have to pay the rent that the landlord has asked for,” Chris Norris, of the National Residential Landlords Association (NRLA), told The Times.
The NRLA has previously warned that courts could face unsustainable caseloads following the removal of section 21.
“The changes that have been introduced through the Renters’ Rights Act have upped the tribunal’s profile and we are definitely seeing significantly more tenants using it as a route to challenge rent increases,” said David Fell (pictured right), analyst at Hamptons. “I think as awareness grows, we will continue to see these numbers increase.”