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The Housing Act 1988 played a key role in shaping the private rental market in England and Wales, introducing significant reforms that impact both tenants and landlords. Among its key changes, the Act introduced assured tenancies, providing tenants with greater security, and establishing clear processes for eviction and rent increases. It also introduced assured shorthold tenancies (ASTs), which became the most common type of rental agreement. Understanding the Housing Act is essential for both landlords and tenants to maintain fair treatment and compliance with legal requirements. This guide will explore the main aspects of the 1988 Housing Act in detail and highlight areas where the Renters’ Rights Bill overhauls the Act, for example by abolishing Section 21 evictions and reforming tenancy structures, shifting the focus to periodic tenancies and strengthened Section 8 grounds for possession.
1. Assured tenancies and assured shorthold tenancies
The Housing Act 1988 introduced assured tenancies, offering tenants security of tenure, meaning they can’t be evicted without a legitimate reason. It also created assured shorthold tenancies (ASTs), which became the default tenancy type. An AST allows landlords to regain possession of their property after the fixed term by following the correct legal procedure.
Key point: When the Renters’ Rights Bill is enacted, all tenancies will automatically become periodic, meaning they will work on a rolling basis and will not have a fixed end date. Check out our guide to how rental tenancies are changing for more detailed guidance.
The Housing Act 1988 specifies grounds for eviction:
Key point: The Renters’ Rights Bill abolishes Section 21. This means that when the bill is passed landlords will have to give a reason for their notice and provide a minimum of four months’ notice using Section 8. Read our article on what’s happening to Section 21 for more information.
Section 13 of the Housing Act 1988 provides a formal process for landlords to increase the rent for periodic assured or assured shorthold tenancies. If the landlord wishes to raise the rent during the fixed term of the tenancy, and the tenancy agreement does not include a provision for rent increases, they must follow the procedure outlined in Section 13.
Key points of section 13 include:
Section 19A is particularly important for landlords who deal with tenants in arrears. This provision allows landlords to take action when tenants have not paid rent, outlining specific notice periods and the steps that must be followed to seek possession. It is an essential tool for landlords to make sure they can recover their property in a timely manner when faced with non-payment of rent.
While the Housing Act 1988 provides significant rights for landlords, it also includes protections for tenants. These protections make sure that landlords respect tenants' rights to quiet enjoyment of the property, which means landlords cannot enter the property without prior notice, except in emergencies. It is essential for landlords to understand and adhere to these rights to avoid legal disputes.
Landlords are also responsible for maintaining the property to a reasonable standard and carrying out necessary repairs, as outlined in the Act. Failure to meet these maintenance obligations could lead to legal action from tenants.
The Renters’ Rights Bill will make it a legal requirement for landlords to register on a Private Rented Sector Database, where relevant information on legislation will be clearly outlined and explained. The Decent Homes Standard (DHS), a set of criteria for defining the minimum acceptable condition for social housing in the UK, will also be extended to the private rented sector.
The Housing Act 1988 includes provisions for tenants' security of tenure, which means tenants can remain in the property unless there are valid grounds for eviction. For landlords, it’s important to understand that tenants have succession rights, which allow certain family members to inherit the tenancy after the tenant passes away, subject to specific conditions.
The Renters’ Rights Bill represents the biggest change to the private rental sector since the Housing Act 1988 came into force. It amends several key parts of the Act and introduces new protections for tenants while updating landlords' obligations. To learn more information on the Renters’ Rights Bill, check out the government's guide and our Renters’ Rights Bill hub.
Key points of the Bill include:
For more information, read our guide ‘What does labour’s Renters’ Rights Bill mean for landlords’.
The Housing Act 1988 outlines various grounds for possession in Schedule 2, including Ground 8, which applies when tenants have more than two months' rent arrears. These grounds can be either mandatory or discretionary, and landlords must follow the correct legal procedures.
A Section 20 notice is a formal notice landlords must serve on tenants before carrying out major works or increasing service charges in properties where tenants pay a service charge. The notice informs tenants about the proposed charges, giving them a chance to object or provide feedback.
At the moment, Section 21 of the Housing Act 1988 allows landlords to evict tenants after the fixed term of an assured shorthold tenancy ends without providing a reason if the correct notice procedure is followed. However, the Renters’ Rights Bill makes it mandatory for landlords to give a reason for eviction.
Section 156A of the Housing Act 1985 deals with the regulation of rent in social housing and provides guidelines for rent setting. This is relevant for housing associations but does not directly apply to private landlords under the Housing Act 1988.
Yes, the Housing Act 1988 is still in force and remains a key piece of legislation governing the private rental market in the UK. While some provisions have been amended over the years, particularly under the Renters’ Rights Bill, many aspects remain unchanged and continue to affect landlords today.
