Housing laws not fit for purpose

The number of laws affecting landlords in the private rented sector – some dating back hundreds of years – is set to hit 168. Here NRLA chief executive Ben Beadle explains why the legal framework around the PRS is not fit for purpose.

“The private rented sector is overrun by rules and regulations – and the figure is growing fast.

From the Landlord and Tenant Act of 1730 to the forthcoming Building Safety Bill there will soon be a total of 168 different acts and regulations affecting the way you run your lettings, covering everything from vital safety requirements to the right to keep chickens.

According to new analysis published by us here at the NRLA, by the time the forthcoming Building Safety Bill is passed the number of statutory provisions applying to the sector will have risen by 40 per cent over the last 10 years.

And we believe the sheer volume of legislation means local authorities are struggling to cope, making it difficult to carry out effective enforcement.

Historic data shows that in 2017/18 a huge 89 per cent of local authorities issued no civil penalties at all against private landlords.

Over half said they did not even have a civil penalty policy in place.

However – sadly – we know there are criminal landlords out there bringing the sector into disrepute, who need to be brought to justice.

NRLA calls

We have two calls, which we believe could make a real difference on the ground.

The Government has pledged to publish a new White Paper on the private rented sector in the autumn, and ahead of this the NRLA is calling for a full assessment of the ways councils use the wide range of enforcement powers already available to them.

Our fear is that proposals to improve the sector for tenants and responsible landlords will be critically undermined if the regulations aren’t enforced properly.

This, in turn, would serve only to help those providing sub-standard accommodation.

Secondly we want a full review by the Law Commission of the current laws applying to the sector, to establish if they are fit for purpose. If found wanting we would like to see rules updated and potentially consolidated.

We will be writing to Eddie Hughes, Minister for housing and rough sleeping and Chief Executive of the Law Commission to ask for action on both points.

Not fit for purpose

In short we believe the laws underpinning the private rented sector are not fit for purpose.

They are failing to protect responsible landlords and tenants from the actions of those who bring the sector into disrepute.

Outline proposals for the renters’ reform bill include some of the biggest changes the sector will have seen in the last 30 years.

With such a dramatic overhaul on the cards we think now would be the perfect time to look at existing rules and regulations to see how they can be consolidated or adjusted to ensure laws reflect the realities of a modern, private rented sector.”

More information

With such a large number of acts and regulations affecting the way you manage your properties you need to have confidence you are doing things right. The NRLA offers a comprehensive suite of documents and guides on all aspects of lettings, which you can rely on to ensure you are compliant with all relevant legislation.