Select committee: Housing, Communities and Local Government Committee
Recommendation 16
Fifth Report - Reforming the Private Rented Sector
Published 9 Feb 2023
Paragraph 93
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 it is not already doing so, the Government should consult local authorities about what amendments are needed to the civil penalties regime and include any necessary legislative changes in the proposed renters reform Bill. In particular, we recommend that non-payment of a civil penalty be made a criminal offence and that local authorities be given the power to register an unpaid penalty as a legal charge on the property. We also again recommend that the Government remove the requirement on local authorities to obtain the permission of the Secretary of State to introduce a selective licensing regime covering more than 20% of private rented homes in their areas. It should be for local government, unencumbered by too much central control, to decide the best way to enforce housing standards. Finally, on prosecutions, we repeat the recommendation of our predecessor Committee in its 2018 report, Private rented sector, that courts require offenders to pay costs to local authorities that reflect the actual cost of the enforcement action. We also ask the Government to clarify whether Reforming the Private Rented Sector 61 landlords are able to avoid prosecution for housing offences by transferring ownership of the property before the court hearing. If this is the case, we recommend it consult on what changes are necessary to prevent this from happening.
From: Housing, Communities and Local Government Committee, Fifth Report - Reforming the Private Rented Sector (HC 624), paragraph 93, 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".