Renters’ Rights breakdown – have you updated your penalty procedures?

As the Renters’ Rights Bill draws closer to being implemented, the time has come for social housing landlords to evaluate penalty procedures. 

Although an exact date of implementation is still unknown, it seems likely that the Renters’ Rights Bill will be enacted before the end of the year. Early preparation for it will ensure that you remain compliant when the rules do change.  

How to update penalty procedures 

The best place to start is with a thorough review of your existing procedures and practices. Review all your existing tenancy agreements, with a particular focus on the penalty-related clauses. Any reference to Section 21 “no-fault” notices will need to be removed in your renewed tenancy agreements, so make sure you highlight every reference to them.  

Any clauses centred on the fees that tenants will incur from breach of contract need to be revised. You will need to determine that your fee implementation aligns with the Tenant Fees Act, as failure to do so will leave you facing penalties.  

As you now need to register with the ombudsman, it is worth doing that while you are reviewing your documents. The ombudsman has outlined the stages that must be taken for any complaints or appeals process. 

Tenants now have the right to escalate matters to the ombudsman, and it is your duty to inform them of this. Once your tenancy agreements are updated to reflect the new regulations imposed by the Renters’ Rights Bill, it will be time to reflect on your internal practices.  

How can I stay compliant with the Renters’ Rights Bill? 

The best way to keep on top of most of the changes that are impacting social housing landlords is with strong record-keeping. 

In this instance, you will need to maintain an up-to-date breach register that logs every penalty or possession action. You should centralise all charge schedules, warning letters, and appeal records in a secure digital repository. 

As the ombudsman may need to see your documents in the event of an escalation, it is best practice to have them well logged and easily accessible. It may be more important to train any members of your team on the evolving needs and requirements.  

Full compliance is essential for everyone involved in the process, and you do not want to be in front of the ombudsman only to find that something important has been misfiled or not filed at all. With more power being given to tenants, you need to do everything in your power to avoid impeding on their new rights.  

Breaching the Renters’ Rights Bill will result in fines and damage to reputation. At a time of increased scrutiny for social housing landlords, it is essential to stay ahead of all of the changes. 

We offer professional advice and guidance to ensure that you can stay fully compliant with the evolving expectations.