Source · Select Committees · Housing, Communities and Local Government Committee
Fifth Report - Reforming the Private Rented Sector
Housing, Communities and Local Government Committee
HC 624
Published 9 February 2023
Recommendations
2
Accepted in Part
Para 23
The one exception is the general student PRS market.
Recommendation
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 …
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Government Response 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.
Ministry of Housing, Communities and Local Government
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4
Accepted in Part
Para 47
We recommend that the Government: • increase from six months to one year the period...
Recommendation
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 …
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Government Response 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 by restricting landlords from remarketing or reletting the property within three months of using moving or selling grounds.
Ministry of Housing, Communities and Local Government
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6
Accepted in Part
Para 49
We strongly recommend that the Government introduce a specialist housing court as the surest way...
Recommendation
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 …
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Government Response 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. Implementation will not take place until sufficient progress has been made to improve the courts, and the abolition of Section 21 will not proceed until reforms to the justice system are in place.
Ministry of Housing, Communities and Local Government
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7
Accepted in Part
A properly functioning courts system should resolve most of the issues with the process of...
Recommendation
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, …
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Government Response 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 antisocial behavior ground. They will ensure courts can make a possession order where tenants are evicted on the grounds of ASB and later convicted of an offence and will not make Ground 14 mandatory.
Ministry of Housing, Communities and Local Government
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27
Accepted in Part
Para 138
Currently, letting agents are required to belong to one of two government-approved ombudsman schemes, the...
Recommendation
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 …
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Government Response 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.
Ministry of Housing, Communities and Local Government
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28
Accepted in Part
Para 143
The Government says it will make it illegal for landlords to have blanket bans on...
Recommendation
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 …
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Government Response 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.
Ministry of Housing, Communities and Local Government
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30
Accepted in Part
The success of the Government’s reforms depends to a great extent on tenants knowing their...
Recommendation
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 …
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Government Response 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 to award compensation for failing to provide a copy of the guide was not addressed.
Ministry of Housing, Communities and Local Government
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Conclusions (1)
3
Conclusion
Accepted in Part
Para 46
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 …
Government Response 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.