Senior associate Giles Hall has authored an article in Solicitors Journal that examines the implications of the Renters’ Rights Act for estate and trust administration, warning that the reforms will significantly reshape possession procedures, delay property sales, and increase compliance burdens for executors and trustees.
In the article, Giles explains that the abolition of “no-fault” evictions under Section 21 of the Housing Act 1988 and the move to periodic tenancies will fundamentally alter how personal representatives manage tenanted estate property. He highlights the introduction of expanded grounds for possession, longer notice periods, rent increase reforms, a new Private Rented Sector Ombudsman, and stricter compliance obligations, including registration on a new database. Hall emphasises that these changes are likely to slow down estate administration, particularly where properties must be sold to meet inheritance tax liabilities, and urges executors and trustees to undertake early audits of tenancy arrangements, build longer timelines into planning, and seek legal advice at the outset.
Major reforms to the private rented sector will reshape possession, delay sales, and increase compliance burdens for those administering estates and trusts... those administering an estate with tenanted properties will no longer be able to rely on a Section 21 notice to gain possession of an estate or trust property. Trustees will need to consider their investment duties in light of the changes to the rent setting process emanating from the Act.
The full article is available in Solicitors Journal here.
Giles Hall is a senior associate in the trust, will and estate disputes team. He advises on all facets of trust and estate litigation, handling domestic cases and those with an international dimension.
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