Government releases new guidance for tenants under Renters’ Rights Act

The government has published guidance for tenants on the grounds for possession and the court eviction process under the Renters’ Rights Act.

It sets out what happens when a landlord gives notice on or after 1 May, and the court and eviction process if a tenant decides not to leave.

The guidance comes ahead of the Renters’ Rights Act coming into force on 1 May.

Free advice for tenants

Under the Renters’ Rights Act, there will be specific grounds on which a landlord can end a tenancy.

Landlords must give tenants the correct notice period for each ground. Some of these grounds include if the landlord needs to sell or move into the property. However, landlords will not be able to evict tenants for this reason within the first 12 months of the tenancy.

The government guidance says if tenants are served with a notice of possession, they should “read the notice carefully and think about whether you have a good case to stay in your home. However, you should also consider what your options are if you decide to leave.”

The guidance says if a tenant decides to stay, then the landlord can apply to the court to take back possession of the property.

According to the guidance, the court will send details to tenants on how to get free advice once the claim has been issued.

The guidance adds that the court will send copies of the landlord’s claim, including evidence and documents to support the claim, a defence form for the tenant to complete, and information about the address of the court where the case will be heard and the date of the hearing.

It is important for landlords to know that the tenant guidance says if the landlord applies using the possession claims online service, the court will provide the tenant with a username and password so they can log in and respond to the landlord’s claim.

Tenants should not leave pets behind

The guidance says if a landlord has been granted a possession order by the court, tenants should seek advice and “not wait until you are about to be evicted by bailiffs.”

If tenants do not leave, they will be evicted on the date and time shown on the eviction notice.

As previously reported by Property118, it is common practice for councils to tell tenants to remain in their rented home when facing eviction.

The government’s Homelessness Code of Guidance says that where applicants are threatened with homelessness, councils must take reasonable steps to help prevent it from occurring.

The first step, the guidance adds, is: “Housing authorities should not consider it reasonable for an applicant to remain in occupation until eviction by a bailiff.”

In the Renters’ Rights Act guidance for tenants, it points out that some of the costs of evicting the tenant may be added to any money the tenant owes.

The government says in the guidance: “Whenever possible, tenants should take their belongings with them when they leave the property and should not leave any pets behind.”

It points out that if tenants do leave personal belongings behind, the landlord will be responsible for keeping them safe for a reasonable period. Landlords may also charge additional costs, such as the cost of storing tenants’ belongings.

Deposit rules

Other guidance for tenants includes advice about checking a Section 8 notice is valid, as well as deposit rules.

The guidance says: “If your landlord cannot show the court that they have given you the correct information or returned the deposit, then they will not be able to get an order to evict you.

“The court can give your landlord an order to evict you if you have already challenged your landlord in court because they failed to follow the deposit rules and that case has concluded.  Your landlord can still get an order to evict you if they originally gave you notice using the ground(s) for antisocial behaviour.

“It is unlawful for your landlord to take a deposit in anything other than money. They must return any property they have taken from you before they can ask the court to grant a possession order.”

As previously reported by Property118, the government clarified deposit rules under the Renters’ Rights Act for landlords.

A Ministry of Housing, Communities and Local Government spokesperson told Property118: “The Renters’ Rights Act will allow a court to award possession if the landlord has stored a tenancy deposit in a government-approved scheme (and complied with related legal requirements), or returned the deposit to the tenant, either in full or with deductions as agreed between the tenant and landlord.

“The court can also award possession if a separate, specific court process has been undertaken to determine whether the deposit was stored appropriately.

“The Renters’ Rights Act does not change what will count as a valid deduction from a deposit, which includes unpaid rent and bills.”