A Guide to Tenant Rights: Navigating the Relationship Between Tenants and Landlords
Navigating the private rental sector can often feel like a complex balancing act. Whether you are moving into your first flat in Chorley or have been renting in West Lancashire for years, understanding the legal framework that governs the relationship between tenants and landlords is vital for maintaining a secure and happy home. The government's Renters' Rights Bill, currently progressing through Parliament, is set to fundamentally shift the housing landscape, providing greater security for those who rent while clarifying the professional standards expected of property owners. At Citizens Advice Lancashire West, we are dedicated to ensuring every resident has access to the impartial information they need to protect their rights and uphold their responsibilities.
Understanding the Proposed Move to Rolling Tenancies
One of the most significant changes proposed in the Renters' Rights Bill is the abolition of fixed-term tenancies. Currently, most renters sign agreements for six or twelve months. Once the new legislation is fully implemented, all private tenancies will be periodic, meaning they roll from month to month with no set end date. This change is designed to provide greater flexibility, allowing you to stay in your home for as long as you need, provided you meet your obligations.
For those looking to move on, the process will become more standardized. Under the new rules, tenants will be required to give two months’ notice in writing to end their tenancy. This gives you the freedom to move for work, family, or personal reasons without being 'locked in' to a long-term contract that no longer suits your life.
The Planned End of No-Fault Evictions
Perhaps the most transformative shift for tenants and landlords is the planned abolition of Section 21 evictions. Currently, a landlord can still ask a tenant to leave at the end of a fixed term (or during a periodic tenancy) without providing a reason by serving a Section 21 notice. However, the new legislation intends to remove this 'no-fault' process entirely to prevent housing insecurity and retaliatory evictions.
Under the proposed system, a landlord must provide a valid legal reason to end a tenancy. These reasons, known as 'grounds for possession' under Section 8 of the Housing Act 1988, are being updated to include:
Moving In or Selling: If the landlord or a close family member needs to move into the property, or if the landlord intends to sell it. Under the Renters' Rights Bill, these grounds cannot be used during the first 12 months of a tenancy, and the landlord must provide 4 months' notice.
Rent Arrears: If a tenant is significantly behind on rent payments. The new reforms will extend the notice period for mandatory arrears-based evictions from two weeks to four weeks, giving residents more time to seek debt advice.
Anti-Social Behaviour: If a tenant is causing a nuisance to neighbours or engaging in illegal activity on the premises.
Breach of Tenancy: Any other serious violation of the terms agreed upon in the rental statement.
This evidence-based approach ensures that evictions are transparent and subject to judicial oversight, providing peace of mind for those who follow the rules.
Rent Stability and the Proposed Ban on Bidding Wars
Financial transparency is a cornerstone of the new rental proposals. To prevent the stress of 'rental bidding wars,' the Renters' Rights Bill will prohibit landlords and letting agents from encouraging or accepting offers that exceed the advertised price of a property. The price you see in the window or online will be the maximum you should be expected to pay.
Regarding rent increases, the proposed law provides a clear structure. A landlord will only be able to increase the rent once per year to market rates. To do so, they must serve a formal Section 13 notice, providing at least two months' warning (an increase from the current one-month requirement for monthly tenancies). If you believe a proposed increase is significantly above market rates for similar properties in Lancashire, you have the right to challenge it at a First-tier Tribunal. Crucially, you will be able to do this without the fear of a no-fault eviction notice in response once Section 21 is abolished.
Limits on Upfront Costs
To make renting more accessible, the government intends to set strict limits on the money you can be asked to pay before moving in. The new Bill proposes that landlords cannot request more than one month’s rent in advance. Currently, under the Tenant Fees Act 2019, holding deposits are already capped at one week’s rent, and security deposits are capped at five weeks' rent for properties with an annual rent below £50,000.
Maintaining a Decent Home
Every renter in England has the right to a home that is safe, warm, and in good repair. The Decent Homes Standard, which previously only applied to social housing, is being extended to the private sector under the new legislation. This means your landlord is legally required to ensure the property is free from serious hazards, such as Category 1 risks like severe damp, mould, or faulty wiring under the Homes (Fitness for Human Habitation) Act 2018.
Landlords are responsible for most major repairs, including:
The structure and exterior of the building (roofs, walls, windows).
Basins, sinks, baths, and other sanitary fittings.
Heating and hot water systems.
Electrical wiring and gas pipes.
As a tenant, you should report any issues as soon as they arise. If a local authority serves an improvement notice regarding hazards, there are existing protections (and further ones proposed) that restrict the landlord from evicting you for a set period.
Rights for Families and Pet Owners
The new legal framework also seeks to eliminate discrimination. The Renters' Rights Bill makes it illegal for landlords to have blanket bans on renting to families with children or individuals who receive Universal Credit or other benefits. While case law already makes 'No DSS' policies generally discriminatory under the Equality Act 2010, the new Bill formalizes these protections.
Furthermore, the Bill introduces a legal right for tenants to request to keep a pet. While a landlord can still refuse, they must have a 'reasonable' justification for doing so. If they agree, they can require the tenant to maintain pet insurance to cover any potential damage, protecting the interests of both tenants and landlords.
Securing Your Tenancy Deposit
If you pay a security deposit, it must be protected in a government-approved scheme within 30 days of payment. The cap remains at five weeks’ rent for properties where the annual rent is under £50,000. Your landlord must provide you with 'prescribed information' explaining which scheme is holding your money and how you can get it back at the end of your stay.
Failing to protect a deposit is a serious matter. Not only can it result in the landlord being ordered to pay you compensation of up to three times the deposit amount, but it also prevents them from using Section 21 (while it still exists) or certain other grounds for possession until the situation is rectified.
How Citizens Advice Lancashire West Can Help
While the law provides these protections, exercising them can sometimes feel daunting. At Citizens Advice Lancashire West, we provide free, confidential, and impartial advice to anyone navigating these issues in Chorley and the surrounding areas. Our client-centred approach ensures that whether you are dealing with a complex eviction notice, a dispute over repairs, or concerns about a rent increase, you have a professional ally by your side.
As a member of the national Citizens Advice network, we maintain high standards of training and quality, ensuring our guidance reflects the most current legislation and best practices. We focus on diversity and equal opportunities, meaning our doors are open to everyone, regardless of their background or circumstances.
Conclusion
The relationship between tenants and landlords works best when it is built on a foundation of mutual respect and clear legal understanding. By knowing your rights—from the forthcoming ban on no-fault evictions to your right to a decent home—you can navigate the rental market with confidence and security. If you find yourself in a situation where you are unsure of your next steps, remember that expert help is available locally.
Contact Citizens Advice Lancashire West today for professional guidance on your housing concerns. We are here to help you understand the law and ensure your voice is heard.
Sources
GOV.UK: Renters' Rights Bill: private rented sector reforms
Citizens Advice: Renting from a private landlord
Shelter UK: Renters' Rights Bill
GOV.UK: Private renting - A guide for tenants
Legislation.gov.uk: Tenant Fees Act 2019