Posted on: November 12th, 2025 by yelda@svetlovallp.com
The Renters’ Rights Bill became law on 27 October 2025, after completing its passage through Parliament on 22 October 2025. The Act applies to England. Crucially, many measures are not yet in force: the Government says it will publish a separate timetable setting out when each part starts. Until then, the current rules continue to apply.
The core reforms
The Act reshapes private renting around a single, clearer model. Section 21 “no-fault” evictions are abolished, so landlords seeking possession must rely on statutory grounds (for example, serious arrears, anti-social behaviour, genuine sale, or moving in). Alongside this, assured shorthold tenancies and fixed terms end: all private tenancies will become open-ended periodic assured tenancies, with tenants able to leave on two months’ notice aligned to the rent period, and landlords using the reworked Section 8 grounds with strengthened safeguards (such as longer notice and protection against misuse of “sell” or “move-in” grounds).
On rents, the Act channels increases through a single route: the Section 13 statutory process. Tenants may challenge above-market proposals at the First-tier Tribunal; the Government reiterates it is not introducing rent controls but expects increases to reflect market levels. The Act also limits rent in advance so landlords cannot require payment before the rent period it relates to (tenants remain free to pay early if they wish).
Accountability and standards step up. A new Private Rented Sector Landlord Ombudsman will deliver quick, binding redress; a national PRS Database will register landlords and underpin enforcement (with links to use of certain possession grounds). The Decent Homes Standard will apply to the private sector for the first time, and Awaab’s Law style deadlines will require hazards such as damp and mould to be remedied within set timeframes to be defined in secondary legislation. The Act also bans rental bidding (soliciting offers above the advertised rent) and prohibits discrimination against renters with children or those in receipt of benefits. Detailed guidance and secondary legislation will follow.
When will the changes take effect?
The Act is on the statute book, but most measures await commencement regulations. The Government has confirmed it will introduce the new tenancy system in one stage for all private tenancies (avoiding a two-tier market) and will give the sector sufficient notice before switch-over. As of November 2025, no dates have been published. Until commencement, landlords may still use Section 21 where otherwise valid under current law.
What happens to existing tenancies?
On the commencement date for tenancy reform, existing ASTs and other assured fixed-term tenancies will convert automatically to the new open-ended periodic model. Fixed-term clauses that conflict with the new regime will cease to have effect from that date. Transitional provisions will explain how steps taken under the old rules (for example, a pre-commencement rent-increase notice) are treated, but the intention is a clean, one-stage conversion with clear guidance for both parties.
Practical implications now
For landlords and agents:
- review portfolios and any planned possession or rent-review activity in light of the Section 8/Section 13 framework;
- prepare policies that reflect the bans on rental bidding and advertising discrimination;
- plan for Ombudsman membership and PRS Database registration; and
- check properties against the forthcoming Decent Homes and Awaab’s Law timeframes once published.
For tenants: expect greater security when commencement happens (no Section 21, open-ended tenancies), a clear process to challenge above-market rent increases, access to a binding Ombudsman, and enforceable standards on hazards once the detailed rules go live. In the meantime, your current agreement and rules still apply until the Government starts the new system.
If you need help with your existing or new tenancy arrangements, our specialist landlord & tenant and conveyancing teams can help you chart the right course through a fast moving legal landscape. Call us now on tel. 02033759040 or send us an email enquiry at tsvetlova@svetlovallp.com or yelda@svetlovallp.com.
Posted on: July 30th, 2025 by yelda@svetlovallp.com
Status date: 30 July 2025. Legislation is still before Parliament and subject to change. Always obtain tailored advice before taking action.
Section 21 is still available today (subject to all validity requirements) but is set to be abolished when the Renters’ Rights Bill becomes law. This is expected to happen in third quarter of 2025 or first quarter of 2026 with the transitional provisions yet to be confirmed. The Bill replaces Assured Shorthold Tenancies and fixed terms with a single periodic assured tenancy model; landlords will need a statutory ground (largely via re‑tooled Section 8) to recover possession.
New Ground 1A (sale) and Ground 1B (landlord move‑in) will carry longer notice (currently 4 months in the Bill drafts) and an initial 12‑month protected period when notice cannot be served; proposals also restrict how soon a property can be re‑let after using the sale ground (12 months in the Bill as introduced; under debate to be reduced to 6 months).
More contested, evidence‑based possession work and pressure on already stretched courts is expected once no‑fault evictions go. We as professionals already see a pre‑ban spike in Section 21 claims. Do you also ask yourself if it is now the time to serve your tenant with Section 21 Notice?
If you plan to sell with vacant possession (especially to an owner‑occupier) or to restructure an unviable letting, you should review whether to start the Section 21 process before abolition — but only after a compliance audit because invalid notices waste time and money.
Why Timing Matters: Strategic Considerations Around Serving Section 21 Now
With abolition approaching, landlords weighing a disposal or restructuring decision face a tactical question: serve a Section 21 notice now under current rules, or wait for the new regime? Factors below should inform that decision.
- Certainty of Route vs Future Evidential Burden
Today’s valid Section 21 provides a relatively predictable path (accelerated route available where no defence and paperwork in order). Post‑Bill, every claim will be grounded and often contested, adding cost, evidence gathering and potential hearing delays.
- Court Capacity & Delay Risk
Removal of the accelerated possession procedure is expected to push more cases into full hearings. Practitioners and commentators warn that the civil courts are already under strain; backlog growth could slow recoveries and deter re‑letting.
- If You Plan to Sell – Vacant Possession Premium
Owner‑occupier buyers almost always require vacant possession; even many investor buyers will discount for an unknown tenancy, rent level mis‑match, or nearing protected period under new law. Serving notice in time to complete a sale before the new 4‑month notice / protected period / re‑let restriction rules bite may preserve sale agility.
- Protected Period Trap
Under the Bill, you cannot use the sale or move‑in grounds in the first 12 months. Landlords taking on new tenants now could unintentionally lock themselves out of flexibility next year unless they price that risk.
- Longer Notice & Re‑Letting Moratorium
Moving from 2‑month to 4‑month landlord notice (plus prohibition on early service) lengthens hold times and may collide with mortgage deadlines or sale chains; additionally, the draft 12‑month (amended to 6‑month) re‑let restriction after using Ground 1A could create costly voids if a sale falls through.
6 Portfolio Risk / Cashflow Stress
NRLA flags increased financial risk: longer void exposure, delayed rent increases (annual cap), higher compliance costs and penalties. Some landlords may decide leasing is no longer viable and opt to exit ahead of the new regime
When Serving Section 21 May Be Sensible
Consider acting now if:
- You intend to sell to an owner‑occupier within the next 6‑12 months and need contractual certainty over vacant possession. Vacant possession typically attracts the broadest buyer pool (owner‑occupiers) and can achieve a cleaner conveyancing path; however, it produces rent voids and may trigger tax timing issues.
- The rental model is no longer financially viable (e.g., mortgage refix, compliance capex looming, rent review constraints) and you are likely to exit anyway.
- You have a tenancy you would not choose to renew but where provable Section 8 breach is weak or contested; Section 21 offers a cleaner path while still lawful.
- You need to de‑risk ahead of court congestion expected once all cases require grounds.
When Waiting (or Negotiating) Might Be Better
You might not rush to serve if:
- You have a high‑performing, compliant tenant paying market rent; turnover creates cost and void risk.
- The property is likely to be sold to another landlord happy to retain the tenancy, avoiding eviction costs and voids.
- You are mid‑tenancy within four months of grant, where any Section 21 would be invalid (current law) and might strain relations; exploring a consensual surrender could be preferable.
What To Do Now
- Portfolio Review: Identify which lets you would happily carry into the new periodic regime and which you may wish to end.
- Compliance Health‑Check: Ensure deposit protection, licensing, safety certs, and documents are all in order so you retain the option to serve a valid Section 21 while it is still available.
- Decide on Exit vs Hold: For marginal or loss‑making properties, model cashflow under annual rent review limits and higher compliance costs before committing to renewals.
- Map Critical Dates: Work backwards from any intended sale completion or refinancing date to build in notice, court lead times, and conveyancing. Account for uncooperative tenants and court delays.
- Take Early Legal Advice: The window to use Section 21 may close quickly once Commencement Regulations are laid; early instruction allows for defect cure.
Speak To Us
If you are considering serving notice, negotiating a surrender, or selling (with or without vacant possession), our specialist landlord & tenant and conveyancing teams can help you chart the right course through a fast‑moving legal landscape. Call us now for a fixed‑fee initial review on tel. 02033759040 or send us an email enquiry at tsvetlova@svetlovallp.com or yelda@svetlovallp.com .
Posted on: July 2nd, 2025 by yelda@svetlovallp.com
Artificial Intelligence (AI) continues to reshape professional practices across numerous sectors, including legal services, healthcare, finance, and consultancy. While the advantages of integrating AI into professional workflows are significant—enhancing productivity, accuracy, and innovation—the legal implications surrounding responsibility and liability require careful consideration by both individuals and corporate entities.
Understanding the Legal Framework
In the UK, responsibility and liability in the use of AI are governed by existing legal principles, including negligence, contractual obligations, data protection laws (such as GDPR and the Data Protection Act 2018), and specific sectoral regulations. However, the unique nature of AI complicates traditional liability assessments.
Individual Responsibility and Liability
Professionals leveraging AI tools remain accountable for their outcomes, particularly where professional standards and duties of care are mandated by regulatory bodies. Key considerations include:
- Duty of Care: Professionals must ensure AI systems are suitable, reliable, and used within their intended scope. They should verify AI-generated outputs, especially in critical decision-making contexts such as legal advice, medical diagnoses, or financial recommendations.
- Competence and Due Diligence: Professionals are expected to understand the capabilities and limitations of AI tools they use. Lack of knowledge or reliance on AI without sufficient oversight can lead to personal liability claims under professional negligence.
- Ethical Obligations: Practitioners must adhere to ethical guidelines set by professional bodies, ensuring transparency with clients regarding the use of AI and obtaining informed consent where applicable.
Corporate Responsibility and Liability
Companies implementing AI in service delivery bear significant liability and responsibility under UK law, including:
- Vicarious Liability: Corporations can be held accountable for wrongful actions by employees who negligently rely on AI or misuse it during professional service delivery.
- Product Liability: Under the Consumer Protection Act 1987, companies offering AI-powered products or services may face liability for harm resulting from defective or unsafe AI systems.
- Data Protection and Privacy: Organisations must comply rigorously with data privacy laws, ensuring AI systems handle personal data securely and transparently. Breaches could result in substantial fines and reputational damage.
- Contractual Obligations: Service contracts should explicitly define the role and limitations of AI usage, clearly delineating liability and remedies available in cases of AI-induced errors or failures.
Risk Mitigation Strategies
To effectively manage risks associated with AI:
- Establish robust AI governance frameworks, clearly defining responsibilities at individual and corporate levels.
- Implement rigorous training programs to ensure professionals understand AI capabilities and limitations.
- Regularly audit and review AI systems, maintaining compliance with evolving regulations and standards.
- Maintain transparency with clients and stakeholders regarding AI integration, clearly communicating potential risks and mitigation measures.
Conclusion
While AI presents transformative potential for professional services, clarity around responsibility and liability is crucial. Individuals and corporate entities must proactively manage legal and ethical implications, ensuring compliance, accountability, and trust in their use of AI.
By establishing comprehensive governance and adhering to rigorous professional and legal standards, professionals and corporations can confidently harness AI’s full potential.
If you need legal help for ensuring you are well covered when using AI in your professional capacity or you have a claim against professionals inappropriately using AI, the highly experienced team at Svetlova LLP can help. Call us for a confidential chat on tel. 02033759040 or send us an email enquiry at tsvetlova@svetlovallp.com
Posted on: June 17th, 2025 by yelda@svetlovallp.com
The UK Data (Use and Access) Bill 2025 is a significant piece of legislation set to reshape the data landscape and, by extension, the development and deployment of Artificial Intelligence in the UK. Having received parliamentary approval on June 11, 2025, and now awaiting Royal Assent (after which it will officially become the Data (Use and Access) Act 2025), this Bill introduces crucial changes that AI users must understand to ensure ongoing compliance.
What is the UK Data (Use and Access) Bill 2025?
The Data (Use and Access) Bill is the culmination of years of discussion and aims to modernise the UK’s data governance framework, building upon the foundations of the Data Protection Act 2018 and the UK GDPR. Its core objectives include unlocking the secure and effective use of data for public interest, promoting economic growth, and enhancing public services. While initially focused on broader data issues, its journey through Parliament saw significant debate regarding its implications for AI and copyright.
Key provisions of the Bill include:
* Smart Data Schemes: This is a central pillar, providing a legal framework to facilitate the secure sharing of customer data held by service providers (e.g., in finance, energy, and telecoms) with authorised third parties, upon customer request. This aims to foster competition and innovation by enabling new products and services.
* Digital Verification Services: The Bill establishes a statutory framework for digital identity providers, bringing them under government oversight.
* Reforms to UK GDPR: While retaining the core principles of the UK GDPR, the Bill introduces some notable adjustments:
– Clarification on Legitimate Interests: It sets out a limited number of processing activities for which “recognised legitimate interests” can serve as a lawful basis, reducing the need for a full legitimate interests assessment (LIA) in certain cases (e.g., direct marketing, intra-group data sharing, network security).
– Streamlined Data Subject Access Requests (DSARs): Organisations’ obligations to conduct searches for information in response to DSARs are clarified as being “reasonable and proportionate.”
– Automated Decision-Making (ADM): The rules around solely automated decision-making are relaxed, offering more flexibility for AI systems, though a stricter regime will apply to special category data, and new terminology like “significant decision” and “meaningful human involvement” are introduced.
* Data Transfers: The Bill introduces subtle changes to the UK data transfer regime, which the European Commission is currently assessing to determine its impact on the UK’s adequacy decision.
* Enhanced Enforcement Powers for the ICO: The Information Commissioner’s Office (ICO) will have increased maximum fines under the Privacy and Electronic Communications Regulations (PECR) and generally enhanced enforcement capabilities.
* New Offences for Deepfakes: Notably, Parliament used the Bill to add new offences in respect of sexually explicit images created without consent, a direct response to the rise of malicious deepfake technology.
* AI and Copyright: While the Bill itself does not introduce comprehensive AI-specific copyright protections as some had advocated, the government has committed to publishing reports on its AI and copyright proposals, including on enforcement and AI models trained abroad, within nine months of the Bill receiving Royal Assent.
Advice for AI Users: Staying Compliant
For any organisation leveraging AI, compliance with the new Data (Use and Access) Act will be paramount. Here’s practical advice to keep you compliant:
- Re-evaluate Your Lawful Bases for Data Processing: Leverage Recognised Legitimate Interests, Conduct Thorough LIAs Where Required. If you rely on consent, ensure it remains freely given, specific, informed, and unambiguous, particularly when personal data is used to train or operate AI models.
- Review and Update Your Data Protection Impact Assessments (DPIAs):
- Pay close attention to potential biases in your AI models and how you plan to mitigate them.
- Be transparent with individuals when automated decision-making is in play, explaining the logic involved, its significance, and potential consequences. Ensure individuals have a right to contest such decisions.
- Ensure Data Minimisation and Accuracy:
- Strengthen Data Governance and Accountability:
- Stay Abreast of AI and Copyright Developments: While the Bill itself did not enshrine specific AI copyright protections, the government’s commitment to further reports and potential legislation means this area is still evolving. Be mindful of the data used to train your AI models, particularly if it includes copyrighted material. The issue of copyright infringement in AI training data remains a hot topic and a potential area of legal risk.
- Consider Cross-Border Data Transfers: If your AI operations involve data transfers to or from the EU, closely monitor developments in this area and be prepared to implement alternative transfer mechanisms if adequacy is withdrawn or modified.
The UK Data (Use and Access) Bill 2025 marks a significant step in the evolution of data governance in the UK. For AI users, it presents both opportunities for innovation through increased data access and a reinforced imperative for robust data protection compliance. By proactively understanding and adapting to these changes, AI users can navigate the new legal landscape successfully and continue to harness the transformative power of artificial intelligence responsibly.
The highly experienced team at Svetlova LLP can help you navigate the changes in data regulations. Call us for a confidential chat on tel. 02033759040 or send us an email enquiry at tsvetlova@svetlovallp.com
Posted on: June 9th, 2025 by yelda@svetlovallp.com
In a world increasingly shaped by Artificial Intelligence (AI), governments are grappling with how to regulate its transformative potential while maintaining competitiveness. The UK government has taken a distinct path—eschewing a centralised legislative regime in favour of a sector-led, principles-based framework. This direction was laid out in the AI Regulation White Paper, first published in March 2023 and followed by further consultations in 2024.
Rather than emulating the EU’s binding and risk-tiered AI Act, the UK’s strategy emphasises flexibility, regulatory coordination, and responsible innovation.
Why a White Paper on AI Regulation?
The UK’s AI White Paper is part of a broader national ambition to become a global AI leader, while ensuring safety, fairness, and trust in AI applications. Recognising that AI evolves rapidly and cuts across traditional regulatory boundaries, the government opted against a one-size-fits-all law. Instead, the White Paper proposes a decentralised approach, relying on existing regulators to apply tailored guidance based on a shared set of principles.
This means that instead of creating a new AI regulator or passing a standalone AI Act, the UK will empower sector-specific regulators—such as the ICO, FCA, MHRA, and CMA—to interpret and enforce these principles within their own domains.
The Five Cross-Sectoral Principles
The cornerstone of the White Paper is a set of five cross-sectoral principles that all regulators are expected to interpret and apply proportionately. These are:
- Safety, Security, and Robustness: AI systems must function as intended and be resilient to misuse or failure. This includes technical standards, cybersecurity, and reliability in deployment.
- Appropriate Transparency and Explainability: AI outcomes should be explainable to the extent appropriate for the context—especially important in areas such as healthcare, finance, and employment.
- Fairness: AI systems must not discriminate unfairly or entrench existing inequalities. Regulators are tasked with applying fairness in line with their sector’s legal frameworks (e.g. Equality Act 2010).
- Accountability and Governance: Clear governance structures must be in place for AI systems, with roles and responsibilities clearly defined within organisations.
- Contestability and Redress: Where AI systems impact rights or critical decisions, individuals must have avenues to challenge or seek redress for decisions made by or assisted with AI.
These principles are non-statutory for now but are expected to guide regulators’ AI-specific guidance and oversight activity. A consultation launched in early 2024 is exploring whether these principles should be backed by statutory duties in the future.
The Sector-Based Regulatory Model
Rather than regulating AI uniformly, the UK framework relies on existing regulators to enforce the principles within their sectors. This has several intended benefits:
- Expertise alignment: Sectoral regulators already understand the risks and norms within their domains (e.g., the FCA for financial services, MHRA for medical AI).
- Flexibility: Allows for context-sensitive regulation that can evolve with specific use cases.
- Innovation-friendly: Avoids rigid legal frameworks that may become outdated as AI develops.
This approach is supported by the Digital Regulation Cooperation Forum (DRCF), which coordinates efforts across key digital regulators (ICO, CMA, FCA, Ofcom) to ensure consistency and manage overlaps.
What Is Not Covered Yet?
The White Paper’s approach has been praised for its pro-innovation stance, but it leaves several issues open:
- No statutory obligations yet: The principles are advisory unless implemented by sectoral regulators in their codes or guidance.
- Limited redress mechanisms: Individuals may still find it hard to challenge decisions made by opaque or unexplainable AI systems.
- Lack of international alignment: The UK diverges from the EU’s AI Act, which could pose challenges for cross-border companies operating in both jurisdictions.
- Foundation models and general-purpose AI: The 2024 follow-up consultation indicates the government is now considering how to regulate large language models (LLMs) and other general-purpose AI systems, which were not fully addressed in the original paper.
The Road Ahead
In 2024, the UK government launched a further consultation on implementing the AI principles into statutory duties for regulators, signaling a possible future shift from voluntary adoption to legal enforceability. At the same time, work is ongoing on:
- Developing AI assurance and certification frameworks
- Exploring international interoperability, especially with the US, OECD, and EU
- Providing support for AI governance via the UK AI Safety Institute, launched in 2023
We can expect more structured compliance requirements over time, particularly for high-risk AI use cases, without abandoning the sector-specific approach.
Implications for Businesses and Developers
If you are developing or deploying AI in the UK, you should:
- Familiarise yourself with the five AI principles
- Monitor guidance issued by your relevant sectoral regulator
- Build internal governance for AI, including audit trails, documentation, and human oversight
- Assess AI risks, especially where automated decision-making affects individuals
- Stay aware of global developments, especially if operating internationally
The highly experienced team at Svetlova LLP can help you navigate the fragmented regulatory landscape, conduct AI risk audits, and prepare for future legal duties. Call us for a confidential chat at tel. 02033759040 or send us an email enquiry at tsvetlova@svetlovallp.com