Local Government
Summary
Although legislation regarding the private rented sector is made at national Government level, it is local Government which implements and enforces regulations.
Local authorities also have discretionary powers to introduce additional and selective licensing, planning restrictions such as Article 4 Directions and guidance on minimum room sizes above the nationally-set legal minimum.
Our work in this area includes:
Licensing and enforcement
Local authorities have responsibility for housing in their local areas. This includes oversight of the private rented sector and different local authorities take different approaches, depending on the nature of the PRS in their area, as well as political inclination.
The majority of landlords comply with the regulations in the sector but a small minority of criminal landlords ignore the law. It is up to the local authority to use their significant enforcement powers to root these criminals out of the sector. Our research however shows that this is often not the case.
Instead of using their powers to identify and tackle the small number of criminals, local authorities often prefer to penalise good landlords through blanket licensing schemes that have little to no effect. This serves to increase the costs for the majority of landlords who wish to provide good quality homes, while doing little to stop the criminal landlords who will continue to ignore their legal obligations.
Our policy
- Local authorities to be held to account and provide evidence of the impact of licensing schemes
- Proper use of discretionary licensing schemes to address specific problems, rather than poorly implemented borough-wide
- Standardised enforcement policies so the law is applied consistently and fairly across the country
- Better use of data to tackle criminal landlords
- Properly resourced local authorities
Planning
Local authorities are in charge of granting planning permission in the area. Many landlords make use of 'permitted development rights', which enable property owners to make some changes to properties without seeking planning permission. However, they also have the power to introduce Article 4 Directions which remove these. This has a particular impact on the conversion of single dwelling properties (class C3) to small HMO (class C4) with three to six occupants in two or more households.
Our policy
- Article 4 Directions distort the market. Where they are introduced, as well as discouraging or preventing the conversion of properties to small HMO, they also mean that existing HMO are unlikely to be converted to family homes as they would lose their planning rights.
- We believe landlords should retain permitted development rights and be able to convert between single household and small HMO (with up to six sharers) as determined by demand in the market.
- Local authorities should use their appropriate enforcement powers, rather than planning permissions, to address quality, condition and environmental issues.
Guides and downloads
Want to make sure you comply with your legal requirements? We have a number of useful guides and templates to help our members navigate planning use and local authority licensing.
Latest news
Your July local licensing update
In our licensing blog this month, we round up active licensing consultations that we would encourage private landlords to respond to as well as schemes coming into force in the future.
Government needs to get on with rental reform changes
Further to the publication of a BBC News report suggesting that the Government plans to amend the Renters (Reform) Bill shortly, the NRLA has issued a statement calling for greater clarity on any proposed changes to the legislation.
Government needs to get on with rental reform changes
Further to the publication of a BBC News report suggesting that the Government plans to amend the Renters (Reform) Bill shortly, the NRLA has issued a statement calling for greater clarity on any proposed changes to the legislation.
Your licensing update
Policy officer Samantha Watkin gives an update on all the local licensing news from your area. Local authorities are currently consulting on schemes in Bristol, Scarborough, Blackpool and Brighton and Hove.
Birmingham City Council – an enforcement deep dive
As part of our ongoing work into the enforcement of housing standards and the value of local licensing schemes, we are launching a regular series investigating individual local authorities and how they regulate the private rented sector. This week we look at at Birmingham City Council.
