Recommendations & Conclusions
8 items
2
Recommendation
Fifth Report - Reforming the Private Re…
Accepted in Part
The one exception is the general student PRS market. The abolition of fixed-term contracts could make letting to students considerably less attractive to private landlords and so ultimately push up rents or reduce the availability of student rental properties, at a time when the market in many university towns and …
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The one exception is the general student PRS market. The abolition of fixed-term contracts could make letting to students considerably less attractive to private landlords and so ultimately push up rents or reduce the availability of student rental properties, at a time when the market in many university towns and cities is already very tight. The exemption for purpose-built accommodation will only make the situation worse by potentially forcing students into that side of the market, which is already more expensive and less appropriate for students beyond the first year of study. We recognise, however, that some landlords might seek to abuse the exemption by letting to non-students and thereby circumventing the tenancy reforms. The Government should retain fixed-term tenancies in the entire student housing sector but require all landlords letting to students to sign up to one of the existing government-approved codes of conduct. In the longer term, the Government should consider replacing the existing codes with a single national code. It should also consider ways of preventing or deterring landlords from abusing the exemption, including by introducing financial penalties for those who do not let student accommodation primarily to non-students.
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Government response AI summary
The government will introduce a ground for possession that will facilitate the yearly cycle of short-term student tenancies, but rejects retaining fixed terms as it unfairly locks students into contracts. It will not introduce codes which cover all student housing.
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Ministry of Housing, Communities and Local Government
3
Conclusion
Fifth Report - Reforming the Private Re…
Accepted in Part
We recognise that the majority of private landlords are responsible and have no desire or financial incentive to evict tenants without good reason, and that for these landlords section 21 feels like an indispensable means of evicting bad tenants, but the blight of unfair eviction and insecurity of tenure experienced …
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We recognise that the majority of private landlords are responsible and have no desire or financial incentive to evict tenants without good reason, and that for these landlords section 21 feels like an indispensable means of evicting bad tenants, but the blight of unfair eviction and insecurity of tenure experienced by too many tenants today can only be remedied by its repeal. We remain concerned, however, that the proposed sales and occupation grounds, as currently designed, could be too easily exploited by bad landlords and become a backdoor to no-fault evictions.
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Government response AI summary
The government is retaining the two-month notice period and will mitigate misuse of the sales/occupation grounds by restricting landlords from remarketing/reletting within three months of using those grounds.
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Ministry of Housing, Communities and Local Government
4
Recommendation
Fifth Report - Reforming the Private Re…
Accepted in Part
We recommend that the Government: • increase from six months to one year the period at the start of a tenancy during which the landlord may not use either ground; • increase the notice period from two months to four months, to give tenants time to save up for moving …
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We recommend that the Government: • increase from six months to one year the period at the start of a tenancy during which the landlord may not use either ground; • increase the notice period from two months to four months, to give tenants time to save up for moving costs and find alternative accommodation; 58 Reforming the Private Rented Sector • increase from three months to six months the period following the use of either the sales ground or the occupation ground during which the landlord may not market or relet the property; and • in the case of the sales ground, encourage landlords to sell with sitting tenants—for example, by requiring the property to be advertised for sale with sitting tenants for six months before an eviction notice can be served.
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Government response AI summary
The government has declined to increase the initial period where landlords cannot use grounds for possession to one year or increase the notice period to four months, but will maintain the current six-month restriction and two-month notice period. The government will mitigate misuse of grounds …
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Ministry of Housing, Communities and Local Government
6
Recommendation
Fifth Report - Reforming the Private Re…
Accepted in Part
We strongly recommend that the Government introduce a specialist housing court as the surest way of unblocking the housing court process. Whether it does this or not, it is absolutely essential that the Government significantly increase the courts’ ability to process possession claims quickly and efficiently and in a way …
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We strongly recommend that the Government introduce a specialist housing court as the surest way of unblocking the housing court process. Whether it does this or not, it is absolutely essential that the Government significantly increase the courts’ ability to process possession claims quickly and efficiently and in a way that is fair to both landlords and tenants. This must involve prioritising and fast-tracking all possession claims in respect of rent arrears and antisocial behaviour. In consultation with landlords, the Government should also agree how quickly the courts need to be processing possession claims before landlords can have confidence in the system, and then commit to meeting this target before abolishing section 21. It should also collect and regularly publish data on its progress towards meeting this target.
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Government response AI summary
The government is working with the Ministry of Justice and HM Courts and Tribunal Service to improve the court possession process, including digitizing more of the process, exploring prioritization of certain cases like antisocial behavior, improving bailiff recruitment, and providing early legal advice for tenants. …
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Ministry of Housing, Communities and Local Government
7
Recommendation
Fifth Report - Reforming the Private Re…
Accepted in Part
A properly functioning courts system should resolve most of the issues with the process of seeking possession under section 8, but further adjustments to the discretionary ground for possession in respect of antisocial behaviour are also necessary. As currently designed, the discretionary nature of this ground will make it more …
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A properly functioning courts system should resolve most of the issues with the process of seeking possession under section 8, but further adjustments to the discretionary ground for possession in respect of antisocial behaviour are also necessary. As currently designed, the discretionary nature of this ground will make it more difficult to prove antisocial behaviour, as residents might be less likely to give evidence if the outcome is uncertain. Whilst we recognise the argument for giving the courts discretion when someone’s home is at stake, we think the impact of antisocial behaviour on communities and landlords, and the compensating abolition of section 21, justify making this ground mandatory. The Government should make existing ground 14 mandatory and issue guidance to the courts setting out the precise definition of antisocial behaviour and the circumstances in which they must grant possession. It should also publish equivalent guidance to landlords and tenants on what constitutes antisocial behaviour and the evidential threshold required to prove it in court. (Paragraph 50) Housing standards and enforcement
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Government response AI summary
The government agrees with the intent to ensure landlords can act more quickly to evict antisocial tenants and will make grounds for possession faster and easier to prove, while maintaining judicial discretion in antisocial behaviour cases and will reduce the notice period for the mandatory …
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Ministry of Housing, Communities and Local Government
27
Recommendation
Fifth Report - Reforming the Private Re…
Accepted in Part
Currently, letting agents are required to belong to one of two government-approved ombudsman schemes, the Property Redress Scheme or the Property Ombudsman, but membership for landlords is voluntary. The White Paper proposes the introduction of an ombudsman for all private landlords, regardless of whether they use an agent. The Government …
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Currently, letting agents are required to belong to one of two government-approved ombudsman schemes, the Property Redress Scheme or the Property Ombudsman, but membership for landlords is voluntary. The White Paper proposes the introduction of an ombudsman for all private landlords, regardless of whether they use an agent. The Government says a single scheme will mean a streamlined service for tenants and landlords and avoid the confusion and perverse incentives resulting from multiple schemes. On this basis, we do not understand why the Government is not proposing to replace the existing letting agent schemes with a single ombudsman covering all letting agents and landlords. A single ombudsman for the entire sector is the best way of avoiding the confusion the Government says it wants to avoid. We recommend that the Government introduce a single ombudsman for the whole of the private rented sector and that mediation be firmly embedded within its remit.
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Government response AI summary
The government recognises the value of consolidating the housing redress system, but will address it through the Landlord Ombudsman service and does not think it is necessary to bring different elements of housing redress under a single legal framework.
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Ministry of Housing, Communities and Local Government
28
Recommendation
Fifth Report - Reforming the Private Re…
Accepted in Part
The Government says it will make it illegal for landlords to have blanket bans on letting to benefit recipients. If this is a commitment to preventing landlords from discriminating against benefit recipients, it is unrealistic. If it is a commitment to preventing landlords from stating explicitly that they will not …
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The Government says it will make it illegal for landlords to have blanket bans on letting to benefit recipients. If this is a commitment to preventing landlords from discriminating against benefit recipients, it is unrealistic. If it is a commitment to preventing landlords from stating explicitly that they will not consider letting to benefit recipients, it is unambitious. Landlords who do not want to let to benefit recipients will simply choose not to do so. The real issue is twofold: there are not enough homes for rent; and local housing allowance rates have not kept pace with the market in recent years. We call on the Government to explain in response to this report how it intends to prevent landlords from refusing to let to benefit recipients, and we again recommend that it uprate local housing allowance rates so that housing benefit better covers the cost of renting in the private rented sector.
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Government response AI summary
The government will prohibit blanket bans on benefit recipients, but landlords can still make final decisions based on referencing checks. They will work with the insurance sector, explore improvements to welfare support information, and raise awareness of services provided by local councils.
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Ministry of Housing, Communities and Local Government
30
Recommendation
Fifth Report - Reforming the Private Re…
Accepted in Part
The success of the Government’s reforms depends to a great extent on tenants knowing their rights, and on landlords knowing that they know them. For this 64 Reforming the Private Rented Sector reason, the Government should update the How to Rent Guide to include details of tenants’ and landlords’ rights …
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The success of the Government’s reforms depends to a great extent on tenants knowing their rights, and on landlords knowing that they know them. For this 64 Reforming the Private Rented Sector reason, the Government should update the How to Rent Guide to include details of tenants’ and landlords’ rights and responsibilities, including, in particular, how tenants can seek redress, and produce foreign language versions of this guide. It should then assess the level of compliance among landlords with the requirement to provide tenants with a copy at the start of a tenancy and, if necessary, consider ways of increasing awareness of it. A tenant whose landlord fails to provide them with a copy of the guide should be able to complain to the ombudsman, and, where the ombudsman upholds such a complaint, it should have the ability to award compensation. More widely, the Government should review the adequacy of advice and support services to tenants, particularly the most vulnerable, and report back to us on how it plans to make sure tenants have the knowledge and confidence to hold their landlord to account. (Paragraph 153) Reforming the Private Rented Sector 65
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Government response AI summary
The government plans to update the 'How to Rent' guide and modernize the way it communicates tenants' rights and responsibilities. They will work with various groups to maximize access to advice and report back to the Select Committee, though the specific request for the ombudsman …
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Ministry of Housing, Communities and Local Government