News is slowly coming out about what the Renters Rights Bill might contain.  

The Housing Minister's comments appeared in the Telegraph which Inside Housing have now expanded on. Hardship tests may be proposed which would require the court to consider if a tenant had a terminal illness, would lose their job, or if the eviction would leave them homeless. 

I am aware that many social landlords are now carrying out very few evictions for rent arrears, perhaps due to signing anti-homelessness pledges and due to local councils making regular DHPs (discretionary housing payments) as it's cheaper to clear a few thousand pounds worth of arrears than it is to rehouse someone. 

In relation to breach of tenancy and anti-social behaviour possession claims (and any other non-arrears grounds) however, evictions are followed through in order to protect the communities the ASB or tenancy breaches have impacted.  

The hardship tests proposed are then likely to cause significant problems and delays. An eviction for ASB might well leave a tenant homeless. It all depends on how it is defined - would temporary accommodation whilst a duty is being assessed be considered 'not homeless'? Would the test be applied at the possession hearing/trial and then be overlaid on top of reasonableness where it is not a mandatory ground? 

At trial, however, it is only possible to speculate on what the outcome of the tenant's homelessness application would be - it has not been decided on at that point and is usually not even made. It could not be decided on at the point of applying for a warrant as that is an administrative task by court staff only. 

Who obtains (and pays for) the medical evidence to confirm a terminal illness? 

How does a tenant evidence that they would lose their job if evicted in advance of it happening? One can foresee arguments about whether the eviction is the cause of the job loss or some other factor. How would the landlord access that information from an employer within the proper constraints of GDPR? Equally, a tenant is not very likely to want to tell their employer they are being evicted for ASB. Would they then lose their job due to the conduct complained of or any convictions that are revealed to their employer rather than due to the actual eviction?

We await the actual Bill in due course to check the detail and whether there will be an opportunity for consultation on these proposals.