More disputes likely under Renters Rights Act – warning

More disputes likely under Renters Rights Act – warning


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Tenant swaps are set to become a more common feature of tenancy management under the Renters Rights Act.

That’s the view of deposit protection provider mydeposits.

A significant share of the 4.7m households renting privately in the UK live in shared housing, including HMOs and flatshares –  where changes in occupancy are more frequent and tenant swaps are more likely to occur. 

As tenancies move to a periodic model, mydeposits warns that tenant swaps (where one or more tenants leave and are replaced while the tenancy continues) will become a routine part of tenancy management.

Under the current system, fixed-term tenancies provide a clear break point, allowing for check-outs, agreement of property condition, and a fresh check-in for incoming tenants. 

However, as these natural endpoints fall away under the new system, agents and landlords will increasingly need to manage changes in occupancy within tenancies that continue indefinitely.

A mydeposits spokesperson comments: “It is not enough for a check-in report to exist. Incoming tenants must have access to it, understand it, and explicitly agree to it. 

“Without that, there is a real risk that responsibility becomes blurred, which can lead to disputes further down the line.”

mydeposits also expects a potential increase in disputes, particularly within shared households. 

Where tenants change but the tenancy continues, disagreements can arise over when damage occurred and who is responsible. 

Without a clear end point to the tenancy, issues that may previously have been addressed at check-out are more likely to surface during the tenancy itself. 

And without clear evidence at each point of change, these situations can escalate

“Disputes are not always just between landlord and tenant” the spokesperson continues. 

“In shared households, disagreements between tenants themselves are not uncommon. As tenant swaps become more frequent, so too does the likelihood of these situations arising, particularly if processes are not clearly followed.”

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