Agenda item

The Director of Housing Submits a report to the Commission which provides an update on the previous report provided in March 2026 regarding the Renters’ Rights Act phase 1, which has now been implemented.

The Director of Housing Submitted a report to the Commission which provided an update on the previous report provided in March 2026 regarding the Renters’ Rights Act phase 1.

The Head of Regulatory Services and the Head of Service (Housing) presented the report.

Key points included:

• The reforms were implemented on 1 May and the report focussed on the experience so far and how the Council was managing its duties and responsibilities.
• The Act was being introduced in phases and there was a significant amount of preparation needed.
• A major aspect of the Act was the abolition of the Section 21 ‘no-fault’ evictions.  This had been replaced with Section 8, under which Landlords must have valid grounds for possession (set out in the report).
• There had been a move away from short-term tenancies towards periodic tenancies.
• Rent could only be increased once a year, and this could be challenged by the tenant.
• There were new rights for pets (set out in the report).
• There was a ban on rental ‘bidding wars’ i.e. accepting offers above the advertised price.
• The act impacted many services, but the main two were Housing and Regulatory Services.
• The main implications for Housing services were on Homelessness Prevention work and on management of private sector landlords.
• Phase 2 would come from late 2026.  This would focus on new infrastructure and enforcement mechanisms and would be rolled out regionally.
• Landlords would need to register details and compliance info, for example on gas safety and electricity safety.
• The Landlord Ombudsman would address PRS Tenants’ disputes form 2028
• Phase 3 would include the Decent Homes Standard with implementation expected to come in 2035 in for the PRS. 
• There would be legally enforceable timeframes for addressing issues such as damp and mould in the private sector.
• Housing services had seen a significant increase in Section 21 applications up until the implementation of the act.
• There had been a number of new Section 8 notices, the service worked to ensure that they had been drafted accurately and legally, which most had.  It was expected that Section 8 notices would build up as people became more confident and landlords used the new system more.
• The position was carefully monitored, and data was collected to better understand the system and provide government returns.
• It was aimed to understand and establish a clear picture of the demands on the services as implementation progressed.
• Throughout the run-up, operational and strategic boards had been in place to share intelligence between regulatory and housing services to ensure that enforcement action could be taken quickly.
• There had been an extensive communications and engagement programme, including a website update, landlord forums, and work with tenant representative organisations and letting agents.
• In terms of resources, there was new funding from the government to fund resources such as training and staff.
• Implementation had progressed largely as expected, and there were robust governance arrangements in place.

In discussions with Members, the following was noted:

• It was clarified that in terms of the monitoring of discrimination against pets, the service was reliant on people reporting said discrimination.  It was further clarified that it was not unlawful to refuse a tenant owning pets, but landlords would need to consider the possibility and give reasons for refusal within 28 days.
• Bidding wars would also need to be reported, however, there was some proactive work on monitoring advertisements and looking at what was advertised compared to the actual tenancy agreed to.
• In terms of the handover of work for people being made homeless, if a person reported homelessness, the Hosing Service would seek to prevent that homelessness. For example, if it was due to a bad property, landlords would be worked with to make sure the property was safe and comfortable., this would be referred to Regulatory Services.  If someone had a notice, this would be looked to be prevented, looking at the reasons and following the process and working with the landlord and tenant.  Conversely, if Regulatory Services found serious issues with a property, they would make an urgent referral to support the people in the property. 
• If a tenant considered their rent too high, i.e. higher than market value, they could challenge this through a property tribunal under Section 13, but only if the landlord proposed a further increase.
• Section 21 notices issued locally and accurately up until 30^th April would still be progressing through the courts.

AGREED:

1)    That the report be noted.

2)    That comments made by members of this commission to be taken into account.

Councillor Cutkelvin re-joined the meeting during the discussion of this item.