Conservative councillor warns Renters’ Rights Act will penalise good landlords

The Renters’ Rights Act runs the risk of rewarding the unscrupulous and penalising responsible landlords, claims a Conservative councillor.

Writing in Conservative Home, Surrey County Councillor Jonathan Hulley warned that the Act could disrupt the rental market, with smaller landlords potentially leaving the private rented sector.

Mr Hulley argued the Conservatives’ plan to wait until the courts were fully prepared before abolishing Section 21 would have been the best approach.

Fewer rental properties and higher rents

Mr Hulley writes in Conservative Home: “The law should protect the vulnerable while also preserving the confidence of those who invest in and maintain homes. This balance is essential for ensuring a healthy housing supply and stable communities.

“The Renters’ Rights Act, however, risks disrupting the balance in the wrong way. Many small landlords, who make up a large part of the market, may decide to exit the sector altogether.

“The result will be fewer rental properties and higher rents for those who stay. Even worse, the withdrawal of good, responsible landlords could create conditions that Britain last saw in the 1970s, when heavy regulation pushed much of the private rental market underground.

“We should not be so naïve as to believe that history cannot repeat itself. When regulation becomes too burdensome and the government assumes it can legislate trust into existence, the result is often flawed. The Renters’ Right Act may have good intentions, but it runs the risk of rewarding the unscrupulous and penalising the responsible.”

Court system could collapse

Under the legislation, landlords must demonstrate a specific legal reason before they can reclaim their property, meaning in practice every eviction will require a court hearing.

Mr Hulley points out the courts will come under immense pressure without more investment from the government.

He said: “The simpler and quicker Section 21 process, which was previously managed on paper, will soon disappear. The civil courts, already under pressure, are expected to handle an even greater volume of complex and contested cases.

“Currently, the average possession case takes over thirty weeks to resolve. The introduction of extra hearings, stricter evidential requirements, and new rights to challenge decisions will extend the process even further.

“Lawyers and judges have warned that unless investment in improving court processes and staffing is increased, the system could collapse under its own weight.”

Fairness in housing cannot be achieved through slogans or sweeping decrees

Mr Hulley said the Conservatives’ Renters’ Reform Bill, which would have waited until the courts were ready before abolishing Section 21, would have been the correct approach.

He said in Conservative Home: “A Conservative approach would have been more cautious. It would have ensured that reforms to tenancy law were accompanied by investment in court infrastructure and clear guidance for both tenants and landlords. It would have focused on steady, achievable change rather than headline-grabbing announcements.

“Fairness in housing cannot be achieved through slogans or sweeping decrees. It depends on trust, partnership, and a justice system that works efficiently for everyone. The Renters’ Rights Act risks undermining all three.”

Mr Hulley adds the government must “ensure the courts are properly equipped” before the Act comes into force on 1 May 2026.

The full Conservative Home article can be read by clicking here.

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