End of rent cap and eviction moratorium
The rent cap and eviction moratorium came to an end on 31 March 2024. A summary of what this means for landlords is set out below:
Rent cap – as of 1 April 2024 landlords can propose an increase of any amount for tenants on private residential tenancy (PRT) agreements. If the tenant wishes to challenge the increase they can refer it to the rent officer who must apply a tapering formula to the increase. If the increase proposed by the landlord is higher than that allowed through the tapering formula then the rent officer will set the rent at the lower level. The tapering formula will only apply if the tenant challenges the increase. If they don’t then the amount proposed by the landlord will take effect from the end of the notice period. For further information on the tapering formula and increasing rents (including procedures to follow for non PRT tenancies) see SAL’s factsheet on rent increases.
Eviction moratorium – the end of the moratorium on 31 March brings three main changes to eviction procedures:
- If serving notice to tenants after 31 March, the eviction grounds introduced by the eviction moratorium legislation are no longer usable. This is the case for grounds 1A, 4A and 12A on a PRT, and for grounds 1A and 4A on an assured/short assured tenancy. Any landlords who have already started an eviction on these grounds prior to the moratorium ending can continue with the eviction as normal. A list of the grounds which can be used can be found in SAL’s factsheet on serving notice to end tenancy.
- Notice templates have been updated – the Notice to Leave used to end PRT leases and the AT6 used in some cases to end assured/short assured tenancies have been updated to remove references to the eviction moratorium and the grounds set out in point 1 above.
- From 1 April most eviction orders granted by the tribunal will be enforceable as soon as the 30 day appeal is over. Previously landlords had to wait up to 6 months or until 31 March 2024, whichever was sooner, to enforce most eviction orders.
Evictions will continue to be subject to a reasonableness test at the tribunal if the tenant doesn’t move out during the notice period. For further information on ending tenancies, please see SAL’s factsheet on serving notice to end tenancy.
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