The power for the Secretary of State to appoint a ‘Lead Enforcement Authority’ for Local Authorities will come into force on the day Royal Assent is granted.

The expanded Local Authority investigatory powers will come into force two months later.

Regulations will provide for the commencement dates for the rest of the legislation.  It is expected that different parts of the act will come into force at different times.

However much of the act will come into force at the same time, for example the abolition of assured shorthold tenancies, conversion of all ASTs and fixed term assured tenancies to periodic assured tenancies and the like.  When we refer to the ‘commencement date’ below this means the commencement date for the main part of the act.

Yes.  Provided the Renters Rights Act applies to the tenancy type concerned (see the FAQ on this below).

But all existing assured and assured shorthold tenancies will, on the commencement date of the Act, be converted to assured periodic tenancies.

No.  It will only apply to properties which are rented under an assured or assured shorthold tenancy under the Housing Act 1988.  Although most properties in the Private Rented Sector (prior to the commencement of the Renters Rights Act) are rented under an assured shorthold tenancy.

The Act will not apply to the following:

• Company lets (ie where the tenant is a limited company)
• Resident landlord lets where the landlord lives in self-contained accommodation in the same building (other than purpose-built blocks of flats where the landlord lives in one and rents out another)
• Genuine residential licenses (note that many so-called licenses are actually ‘sham licenses’)
• Lodger situations (where someone rents a room in their landlord’s own home and shares living accommodation)
• Tenancies where the annual rent is over £100,000 pa or £250 or less (£1,000 in Greater London) or where no rent is paid
• Tenancies where other legislation applies such as business tenancies
• Tenancies with a fixed term of over 21 years
• Purpose-built student accommodation

This is not a complete list.  If you are not sure whether the legislation will apply to your property or not you should take legal advice.

No.  The government will publish a form of notice which must be served on existing tenants within 1 month of the commencement date.  

This will likely inform tenants of their new rights under the legislation.

There will be no need to serve any other paperwork on tenants or re-issue existing tenancy agreements.

No.  On the commencement date, all fixed-term assured and assured shorthold tenancies will convert to periodic assured tenancies.

After the commencement date, it will not be possible for landlords to create any fixed terms (for tenancies affected by the act) and any attempt to do so will:

• Be ineffective, and
• Make the landlord or agent vulnerable to a fine of up to £7,000

I have written a fairly detailed post about this on my Landlord Law Blog.

The Bill makes several key changes affecting rent:

• The requirement for a ‘proposed rent’ in adverts which landlords cannot exceed – this is to prevent ‘bidding wars’
• The prohibition of rent in advance
• Rent increases to be limited to the section 13 statutory notice procedure
• Changes to the mandatory eviction ground, ground 8.

These are the new rules about rent in advance, which can be divided into three separate situations:

• Before the tenancy is entered into – no rent in advance is permitted at all. Advance rent paid by tenants must be returned. Asking for it will make landlords vulnerable to civil penalty notices and prosecution under the Tenant Fees Act.
• Between the tenancy being entered into and the tenancy start – one month’s rent ONLY can be taken
• During the tenancy – landlords/agents cannot require rent to be paid before the period for which it is due, but can require it to be paid at the start of the period. However, once the tenancy has started, tenants can pay rent in advance if they want to

I have written a fairly detailed post on my Landlord Law Blog which looks at this from the point of view of student lets.

However, the new rules will affect all assured tenancies so this post will be relevant even if you are not a student landlord.

Yes.  The Renters Rights Act does not affect rent paid before its commencement.

No.  After commencement, the ONLY way landlords can increase the rent will be by the statutory notice procedure.

We anticipate that a new Form 4 will be issued before commencement.

Any rent review/increase clauses in tenancy agreements will become unenforceable on commencement.

Yes, but ONLY after a section 13 notice has been served. 

Your section 13 notice must state a proposed new rent – any agreement with the tenant can only be for the same or a lower figure.  Landlords will not be able to agree a higher rent that the proposed rent in their section 13 notice.

The notice you need to use is Form 4 – a new version will have to be provided to take account of changes in the law.  For example the notice period is being increased from one to two months.

The new prohibition on rent in advance will adversely affect

• Students and others who do not have an income or
• Applicants from overseas, or
• Anyone who cannot pass UK credit referencing

At the moment, this problem is overcome by paying substantial rent in advance.  However, once the Act comes into force, this will no longer be possible.

The only real solution is to take a guarantee. 

If there are no suitable family members available for this, there are commercial guarantee companies such as  Housing Hand  or  Rent Guarantor.

The Act provides that it is an implied condition that pets are to be permitted unless the landlord has a reasonable reason to refuse permission.

The clauses in the bill which provided for the landlord to require tenants to pay for insurance or pay an additional deposit as a condition of agreeing to the pet have been removed.

The only certain reason we know for refusal that is permitted is that the landlord’s headlease prohibits pets.  

The government will, we understand, be issuing guidance on what constitutes a reasonable refusal of consent.  

Nothing.  Tenants will be entitled, as of right, to give a tenant’s Notice to Quit at any time after the tenancy starts.  

However, the notice period is being increased to two months.  Not many tenants will want to rent a holiday home for two months, bearing in mind that the landlord will also require a tenancy deposit.

Landlords can protect their position by careful referencing.  Renting properties unfurnished will also discourage this practice.