Possession Reform: What lawyers must know

This course is designed to provide you with an overview of the key parts of the Renters’ Rights Bill (“RRB”), before it is enacted (expected later this year).

It is the biggest shake up in Residential Housing Law in over 35 years and significantly changes the legal advice required to assist landlords in dealing with defaulting tenants or getting their property back from the commencement date of what will be the Renters’ Rights Act 2025 (“RRA”).

The section 21 notice is to be abolished and that removes the Assured Shorthold Tenancy.

With the new Assured Periodic Tenancy being introduced and the section 8 notice the only statutory notice to get possession, lawyers will need a good knowledge of the Grounds – both new and enhanced under the RRB – the new notice periods, and the conditions that attach to the use of some notices that must be checked before the Ground is used. The key Grounds that will be used will be looked at in some detail.

The course will importantly provide a checklist to those who advise under the Housing Act 1988 regime as will be amended by the RRB. It will assist those lawyers who are: 

(1) Involved in preparing and serving statutory notices upon which to base a claim for possession; and

(2) Preparing claims for possession.

There is a new tranche of reasons as to why the Court may not make an order for possession and this will be covered.

For those already advising and working in this field the transition period will be explored, allowing preparation and advice to be given to those landlords seeking to use s21 notices that have been served, the last day for using a section 21 notice, and what happens to current claims for possession based on a section 21 notice from the Commencement Date of the new RRA.

Gina has delivered numerous talks on this subject since the introduction of the RRB in September last year to key stakeholders – landlords and letting agents. You will benefit from her industry knowledge and the questions shaping those directly impacted by this new legislation and who you will be advising.

This For Legal webinar provides you with an 60-minute session with Gina Peters, who has led teams in this area for over 20 years.  

Top 3 takeaways: 

1. A new Assured Periodic Tenancy comes into play when the RRB starts with a maximum monthly rent, no rent review clause, and no need for a break clause.
2. Section 8 notices are the only notice to be served when the RRB starts and Assured Tenancies the only type of tenancy under the Housing Act 1988 as amended by the RRB.
3. A new statutory notice is created by the RRB for tenants to terminate the tenancy on 2 months’ notice that can be given by email at any time from the start of a tenancy.

Learning Objectives:

• An overview of the RRB
• Section 8 notices – enhanced and new grounds
• Check list for lawyers for claims for possession, including preparation of notices
• The transition period