Select committee: Housing, Communities and Local Government Committee
Conclusion 5
Fifth Report - Reforming the Private Rented Sector
Published 9 Feb 2023
Paragraph 48
Addressed to Ministry of Housing, Communities and Local Government
Housing, Communities and Local Government Committee Reforming the Private Rented Sector All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Conclusion (the committee's words)
Before section 21 can be repealed, landlords must have confidence in their ability to regain possession under section 8, especially in the case of rent arrears and antisocial behaviour. The biggest obstacle to this is the capacity of the courts. We continue to maintain that the best way to improve the housing court system is to establish a specialist housing court, and we do not think the Government has given a satisfactory reason for rejecting this proposal. We are concerned that the Government does not fully appreciate the extent to which an unreformed courts system could undermine its tenancy reforms.
From: Housing, Communities and Local Government Committee, Fifth Report - Reforming the Private Rented Sector (HC 624), paragraph 48, 9 February 2023
Government response
The government responded to the whole report on 20 October 2023 (deadline 9 April 2023).
Summary written by Accountability Index from the government's response. It is not the government's own words.The government welcomes "the thrust of the report" and accepts or reflects the Committee's aims in several areas, but declines a number of recommendations, including on student tenancies, a Housing Court and rent review clauses.
- On antisocial behaviour, it "fully agree[s] with the intent" of the recommendation but proposes a different approach: it will lower the threshold for Ground 14 and maintain judicial discretion instead of making the ground mandatory.
- On courts, it says "We do not agree that introducing a Housing Court is the best way", and it "would not be practical" to prioritise rent arrears cases. It will not proceed with the abolition of section 21 "until reforms to the justice system are in place".
- It does not support retaining fixed terms for students, saying it "would unfairly lock students into contracts". It will instead introduce a new ground for possession to facilitate the yearly cycle of student tenancies.
- On enforcement funding, it will ensure that "where necessary" new costs to local authorities "are fully funded", in accordance with the New Burdens Doctrine. It has "no current plans to criminalise non-payment of a civil penalty".