Tenancy agreements and rent

Yes. Section 21 notices have been abolished and landlords can no longer rely on the “no-fault” eviction process. Landlords seeking possession must instead use the revised section 8 regime and rely on one or more statutory grounds for possession.

References to ASTs in leases are now read as references to assured tenancies. This means that a superior landlord cannot withhold consent to a subletting simply because it is granted as an assured tenancy rather than an AST, and such a subletting will not give rise to a breach of lease.

Contractual rent review clauses no longer apply where they are inconsistent with the statutory regime. Rent increases must follow the statutory notice process, with landlords only able to propose an increase once every 12 months and required to give at least two months’ notice.

Tenants can challenge a proposed increase by applying to the First-tier Tribunal (FTT) to determine the open market rent. The rent payable will be the lower of the market rent determined by the tribunal and the rent proposed by the landlord.

Landlords (and, in some cases, superior landlords) may be liable for Rent Repayment Orders if they fail to comply with certain requirements of the Act.