One of the criticisms of the Renters’ Rights Act is that we’ll see longer court backlogs due to changes such as the axing of Section 21 ‘no fault’ evictions. With this in mind, the government is introducing a private rented sector (PRS) Landlord Ombudsman scheme to settle tenants’ disputes without court involvement.
Since this mandatory scheme most likely won’t come into effect until 2028, for now let’s look at the ‘big picture’ goal and how landlords can start adapting the way they work.
What is the Landlord Ombudsman scheme?
Through a redress scheme, the Landlord Ombudsman will give tenants a way to resolve complaints about their living conditions or their landlord’s behaviour. For example, they might seek help with:
- Necessary property maintenance, such as repairs and severe mould and damp
- Inappropriate behaviour by landlords, including harassment and poor communication
- Unreasonable refusals, including requests to keep a pet in the property
- Tenancy management issues such as unfair rent increases and disagreements over returning deposits
Instead of waiting for a court date – and potentially paying hefty legal costs – tenants can use this free service. Although it will be government-approved, the scheme will run independently so that tenants get impartial advice. And once the ombudsman has made a decision, this will be legally binding.
In what way is the scheme mandatory?
All private landlords in England with assured or regulated tenancies will be legally required to join the new PRS Landlord Ombudsman scheme, including landlords who use agents to manage their properties. This is separate from the existing legal requirement to join a government-authorised redress scheme that applies to letting agents and property managers.
Landlords must also sign up to the new PRS database, which will be gradually rolled out across England from late 2026.
If landlords fail to join the Landlord Ombudsman or register with the PRS database, local councils will have the power to issue civil penalties of up to £5,000 for first offences, banning orders for repeat breaches, and rent repayment orders.
It’s also worth noting that public records of landlord breaches may be available on the PRS database, so failing to comply with the new rules could risk your professional reputation too.
How will the scheme work?
The Landlord Ombudsman will try to protect tenants’ rights while supporting landlords in resolving conflicts fairly. Tenants can contact the free service about their complaint – on the phone or online – and the ombudsman will independently review the situation.
If the ombudsman service finds the tenant’s complaint to be justified, they have the legal authority to:
- Order the landlord to correct the problem
- Give financial compensation to the tenant
- Require the landlord to improve the way they manage any complaints in the future
When will the changes come into effect?
First, the government will phase in the PRS database, starting later this year. Once all private landlords have signed up and the database is established across England, the Landlord Ombudsman will be introduced – possibly in 2028. Membership to both the database and the Ombudsman will be mandatory.
You can find more information in the government’s roadmap for the Renters’ Rights Act implementation.
Final thoughts
Changes like the introduction of the Landlord Ombudsman might feel daunting, especially combined with other legal requirements. But these schemes will be rolled out gradually, and further government announcements will provide more guidance on what you need to do. In the meantime, we’ll share news and advice for landlords here on the Winkworth blog, so stay tuned!
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