The National Residential Landlords Association (NRLA) has questioned reports suggesting the Labour government is set to introduce French-style hardship tests for landlord possession proceedings.

Senior campaigns and public affairs officer, Eleanor Bateman, has expressed concern over recent press speculation that the proposed Renters’ Rights Bill will include such measures.

While acknowledging the potential impact of the Bill, she emphasised the lack of concrete information from the government.

‘Landlord could regain possession of their property’
Ms Bateman said: “There has been speculation over the circumstances in which a landlord could regain possession of their property once the new legislation is in force.”

The NRLA met with Ministry of Housing, Communities and Local Government (MHCLG) officials to discuss the issue and wrote to Matthew Pennycook, the housing minister, seeking clarity.

The minister has yet to respond.

The NRLA points to previous attempts by Mr Pennycook to introduce hardship components into possession grounds of the Renters (Reform) Bill which were rejected by MPs.

These proposals would have granted courts the power to deny landlords possession if it caused undue hardship to the tenant.

Assess the reasonableness of possession claims
Ms Bateman drew parallels with temporary measures implemented in Scotland during the pandemic, where courts were required to assess the reasonableness of possession claims.

However, she stresses that the current situation in England is vastly different.

She added: “Until the Renters’ Rights Bill is published and we see the full detail of what’s proposed, we cannot completely rule out the possibility of a hardship test being implemented.

“Reports of hardship tests remain speculative. We will continue to seek clarity on these issues.”

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