Lords allow student evictions in smaller properties under the Renters' Rights Bill

Peers have clashed over several amendments to the Renters' Rights Bill , particularly those aimed at the retention of fixed-term tenancies and grounds for student evictions.

However, there was some good news for student landlords after Peers in the House of Lords voted 221 to 196 to expand ground 4A which allows the annual evictions of students in HMOs.

It will now also cover self-contained one- and two-bedroom properties in line with the academic year.

The amendment is still be voted on by MPs before the Bill receives Royal Assent.

Restriction on ground 4A

The Bill, currently at the Report stage in the Lords, saw heated discussions on student tenancies, with further debates scheduled over the next two weeks.

Baroness Scott of Bybrook from the Conservatives defended the amendment, stating: "The current restriction on ground 4A, which limited it to properties with three or more bedrooms, is both arbitrary and unfair.

"Many students, in particular postgraduates, international students and mature students, live in one-bedroom or two-bedroom properties."

She clarified that the amendment is not about 'throwing out students' but ensuring certainty for both students and landlords.

Student accommodation affected

Calum MacInnes, chair at the Student Accredited Private Rental Sector (SAPRS), told Accommodation for Students: "The Renters' Rights Bill is now approaching its final stages where much-needed amendments can still be made to this Bill.

"We have been campaigning throughout its entire legislative journey, and to this day the government is unable to provide a clear rationale for the fixed-term tenancy ban on private student housing.

"While we agree that there is much to be applauded in this Bill, it falls short when considering its impact on the student rental market."

He added: "The proposed changes will only exacerbate what is a crisis in the availability and affordability of student housing, with students being the group that suffer."

Fixed-term tenancy bid denied

On the issue of fixed-term tenancies, landlord Lord Hacking proposed an amendment 'to allow landlords and tenants, if they wish, to agree a fixed-term tenancy'.

The amendment garnered support from other peers, including Lord Truscott, who argued: "Polls have shown that a majority of tenants and landlords want to have fixed terms, and His Majesty's government have given no reason why they think they know best.

"The arguments against mutually agreed agreements on fixed tenancies are, frankly, unconvincing and threadbare."

However, Baroness Taylor of Stevenage, the Parliamentary Under-Secretary of State for Housing, rejected Lord Hacking's amendment while acknowledging some benefits of fixed-term tenancies.

She said: "I accept that fixed terms have some benefit for tenants under the current system because they offer some respite from the awful threat of Section 21, which hangs like the sword of Damocles over tenants' heads.

"With Section 21 gone, that advantage will be extinguished, so there is even less reason why a tenant would agree voluntarily to a fixed term.

"Under the current system, landlords can rightly seek possession during a fixed term if a tenant breaches the terms of their rental."

Just three amendments accepted

An amendment for landlords to accept rent in advance, if both parties agree, was shelved.

That's despite Baroness Scott highlighting that overseas students and those without a UK credit history would struggle to access a tenancy.

Lord Hacking also blasted the government 'for not listening to the House' because they rejected 300 amendments but only accepted three.

He said: "It is true that, in the Minister's letter of 24 June, the government, through the Minister, have accepted three amendments.

"I am very grateful for that, but that is a very small number against the rejection of 300 amendments.

"By applying normal averages, it cannot be right that the government were always right in Committee on all these amendments and that the rest of us were always wrong."

Changes for student accommodation

The managing director of Accommodation for Students, Simon Thompson, said: "The Renters' Rights Bill will bring huge changes for student landlords, challenging the flexibility of fixed-term tenancies and reshaping eviction processes.

"The Lords voting through the amendment to extend 4a offers some relief by aligning eviction rules with the academic year for a broader range of properties.

"However, the potential loss of fixed-term contracts could disrupt the predictability that student landlords rely on."

He added: "The student accommodation sector still needs clear concessions, and we'll have to prepare for increased regulation, review tenancy agreements and engage with professional bodies to stay compliant."