The Renters' Rights Bill, is causing quite the storm in the Private rented sector, having recently advanced to the House of Lords after clearing the House of Commons, this progression marks a critical phase where the Lords will meticulously examine the bill, proposing amendments to address perceived gaps and enhance tenant safeguards.
Notable amendments proposed by the House of Lords are
whipping up a frenzy throughout the industry, some of these proposal are:
·
Delay abolition of S21 until the courts are
ready
·
Allow smaller landlords to retain the use of S21
·
Fixed term tenancies to be retained
·
All possession grounds to be discretionary
·
Tenants restricted from giving notice until the
first 4 months have passed
Many of these amendments will bring a welcomed relief to
those who feared the Bill in its currently draft would have a detrimental effect
on their business.
However, the journey from proposed amendments to enacted law
is fraught with challenges.
The Parliamentary legislative process is intricate and
multifaceted. After a bill passes through the House of Commons, it moves to the
House of Lords, where it undergoes several readings and detailed scrutiny.
During this stage, the Lords can suggest amendments, but their power is
ultimately advisory.
The House of Commons holds the authority to accept or reject
these amendments.
Given the current political landscape, the government
maintains a robust two-thirds majority in the House of Commons. This majority
empowers the ruling party to dismiss amendments from the House of Lords that do
not align with its legislative agenda.
Historically, while the Lords serve as a revising chamber,
offering expertise and suggesting modifications, the elected Commons has the
final say, often overriding the Lords' recommendations when there is a
significant majority.
In the context of the Renters' Rights Bill, despite the
well-intentioned, common sense led and potentially transformative amendments
proposed by the House of Lords, it is anticipated that many, if not all, will
face rejection in the Commons.
The government's legislative strategy and priorities are
likely to prevail, sidelining the Lords' contributions.
While the proposed amendments may appear as a beacon of hope
for landlord seeking enhanced rights and protections, it is prudent to temper
expectations.
The legislative process, dominated by the government's
substantial majority, suggests that the final version of the Renters' Rights
Bill may closely mirror its original form as passed by the Commons, with
minimal incorporation of the Lords' suggestions.
In summary, while the House of Lords plays a crucial role in
scrutinising legislation and advocating for improvements, the prevailing
political dynamics and established parliamentary procedures indicate that the
Renters' Rights Bill is unlikely to undergo significant changes before becoming
law.
Landlords and letting agents should remain engaged but
realistic about the prospects of the proposed amendments being adopted.