Select committee: Housing, Communities and Local Government Committee
Recommendation 12
Fifth Report - Reforming the Private Rented Sector
Published 9 Feb 2023
Paragraph 89
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 ↗
Recommendation (the committee's words)
If the decent homes standard is to improve standards in the private rented sector, local authorities will have to enforce it vigorously, but at the moment levels of housing enforcement activity vary hugely between local authorities. We accept that much enforcement activity is, and should remain, informal, especially, at least initially, where landlords are non-compliant out of ignorance, but if the proposals are to deter the very worst landlords, enforcement rates will have to improve significantly across the vast majority of local authorities. For this reason, we welcome the proposals to improve enforcement, particularly the property portal, which could be revolutionary, provided it is designed and implemented properly and holds the right information. To this end, the Government should include the following in the information landlords are required to enter on the property portal: all gas and electrical safety certificates and reports; any other reports generated by tradespeople; energy performance data; and details of ombudsman membership and membership of a deposit protection scheme. Furthermore, the Government should take action now to digitise the certificates and other reports that are to be uploaded to the portal, so that rather than being a mere repository of information that has to be trawled through, a coding system can be implemented to enable the portal to verify that documentation is in date and that there are no issues that need addressing. To deter landlords from entering false or misleading information, the 60 Reforming the Private Rented Sector Government should also introduce financial penalties for such offences. This would be consistent with its proposal for deterring landlords from self-declaring inaccurate information regarding compliance with the decent homes standard. Finally, we urge the Government to incorporate the functions of the database of rogue landlords and property agents into the portal as soon as possible.
From: Housing, Communities and Local Government Committee, Fifth Report - Reforming the Private Rented Sector (HC 624), paragraph 89, 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".