
Comments from David Smith on House of Commons debate - Renters' Rights Bill
Author - David Smith
September 8, 2025
I did not watch the House of Commons debate on the Lords' amendments to the Renters' Rights Bill live but I was reviewing the transcript in the Commons' Hansard.
Leaving aside how awesome it is that the Hansard is available with a detailed transcript so soon after the debate, I think the Housing Minister, Matthew Pennycook, said a number of important things.
First was on rent increases. The Minister re-iterated the possibility of changing the rules to allow some backdating of rent increases to the date of a s13 notice. However, he was very clear that this is not something the government is intending to do as a matter of course and it will not be used "unless and until it is considered necessary to avoid lengthy delays for genuine cases to be heard" where the tribunal is "overwhelmed". Given that the government thinks the civil courts are going to be fine, I wonder what will count as overwhelm.
On the same topic the Minister also stated that the Government has "concluded that there is a compelling case for the use of an alternative body or mechanism to make initial rent determinations" and it will "establish such an alternative body or mechanism as soon as possible".

Creating Contract by WhatsApp - Notices too.
A recent decision in the Technology and Construction Court has held that an exchange of WhatsApp messages is sufficient to create a contract. This is likely to have far-reaching consequences.
In the case a developer hired a demolition contractor to carry out demolition works at a site they were proposing to redevelop. That contractor was not paid and took action against the developer.

THE POST-ELECTION PRS
First Published - 29th May 2024
JMW Solicitors
With the general election being called the Renters (Reform) Bill has been lost. It cannot be revived and any new government will need to start again from scratch. Inevitably this has people wondering what the PRS will look like under any new government. These are my thoughts, I stress that they are opinions only and not based on any commitments or statements by politicians or advisors in either party.