Emsleys Estate Agents Logo Posted: 18th February 2025

New Amendments to the Bill - It's on its way!

 

The Renters Right Bill has now passed committee stage and is heading to the Lords. It is the Government’s wish that the Bill passes into law before the summer recess. Landlords need to be preparing themselves now for the changes.

 

All the proposals discussed in our previous blogs are going forward with two new Government Amendments. To read our previous blogs click here!

 

New Amendments to the Bill

1. Rent in Advance – A Major Change for Landlords

One of the most talked-about changes is the restriction on landlords taking more than one month’s rent in advance. This will be added to the Permitted Fees Act, with landlords facing fines of up to £30,000 for non-compliance.

While designed to protect tenants, this change may make renting more difficult for those with irregular incomes, new arrivals to the UK, or benefit recipients who often rely on paying multiple months upfront to secure a tenancy. Without this flexibility, landlords may more frequently require guarantors for their tenants.

Given the time it takes to regain possession of a property, many landlords are concerned about problem tenants. Reducing risk when selecting tenants is now more important than ever.

At Emsleys, our priority is to match the best tenants with the right properties, ensuring security for both parties.

2. Guarantor Liability After a Tenant’s Death

If a tenant with a guarantor passes away, their guarantor will no longer be responsible for rental payments. Instead, the landlord must work with the tenant’s executors to arrange a property surrender and recover any outstanding rent from the tenant’s estate.

This process could take time, particularly if probate is required or if the tenant dies intestate (without a will), in which case landlords will need to seek possession through the courts.

 

Bill Updates: Discrimination Rules & Tenant Rights

1. Pets – Landlords Can No Longer Refuse Without Reason

Pets remain a contentious issue, and the new law will make it illegal for landlords to refuse a pet without a valid reason.

The only clear exemption provided is if a superior lease prohibits pets, for example, a block of flats' property mangement company does not allow pets in the building. Beyond that, landlords who refuse without justification could face legal action.

If a tenant challenges a pet refusal in court and proves the landlord has no reasonable grounds, the court can order that the pet be allowed—but no fines will be imposed.

Mitigating Factors for Landlords:

  • Landlords can charge additional rent for pets (e.g., £25 extra per month for a dog) to cover additional wear and tear to the propety.
  • Tenants may be required to obtain pet insurance to cover potential damage.

2. Renting to Families – No More Discrimination

Under Clause 32, landlords cannot refuse tenants with children, regardless of the child’s gender.

Exceptions:

  • If renting to a family would lead to overcrowding, a landlord may legally refuse.
  • Houses in Multiple Occupation (HMOs) may have separate rules.

Quick Guide to Minimum Room Sizes

  • Single tenant over 10 years old6.51m² minimum
  • Two tenants over 10 years old10.22m² minimum
  • Child under 10 years old4.64m² minimum
  • Different-sex children under 10Can share a room
  • Different-sex children over 10Must have separate rooms

3. Benefit Applicants – Strengthening Anti-Discrimination Rules

While “No DSS”, or those receiving benefits, rental ads have long been deemed discriminatory, Clause 33 now makes it direct and indirect discrimination to refuse tenants receiving benefits.

Importantly, any mortgage or insurance policy that previously restricted landlords from renting to benefit recipients will be null and void. Insurance companies must honor claims regardless of the tenant’s income source.

That said, landlords can still assess all applicants based on affordability and suitability.


What Landlords Should Do Now

At Emsleys, we already follow best practices to ensure properties are rented to suitable tenants. Our pre-viewing application forms allow us to assess potential tenants based on their financial and personal circumstances—saving time and reducing risk.

Landlords should not be afraid of these changes, but it is essential to seek advice from a professional letting agent to stay compliant and protect your investments.


The Landlords’ Database – What We Know So Far

A national landlord database will be introduced, requiring all landlords to register both themselves and their rental properties.

If multiple landlords own a property, each must register. Agents may be able to assist with registration for a nominal fee, but details are still unclear.

What Will Be Required?

  • Landlord personal details
  • Property ownership and management details
  • Key property documents, including:
    • Gas Safety Certificate
    • Electrical Safety Certificate
    • Energy Performance Certificate (EPC)

These documents must be uploaded and updated as they are renewed.

Fees, Penalties & Public Access

  • There will be a registration fee and a time-limited registration period.
  • Landlords must renew their registration before it expires.
  • Fines will increase every 28 days for failure to register.
  • The database will be publicly accessible, and landlord registration numbers must be included in all rental advertisements.

We are still waiting to learn who will oversee and implement the database.


Final Thoughts

The Renters' Reform Bill introduces significant changes that landlords must prepare for now.

  • Restrictions on rent in advance and guarantor liabilities could impact risk management.
  • Pet policies and family tenant protections will change the rental landscape.
  • The landlord registration database will add new compliance responsibilities.

At Emsleys, we are here to help landlords navigate these changes smoothly. Our expertise ensures you find the right tenant while staying compliant with evolving regulations.

For advice or assistance, contact us today.

Stay tuned for more updates as the bill progresses!

New Amendments to the Bill - It's on its way!
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