RRB - House of Lords amendments, Don’t get too excited

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.