Select Committee · Public Accounts Committee

Regulation of private renting

Status: Closed Opened: 8 Dec 2021 Closed: 2 Sep 2022 15 recommendations 11 conclusions 1 report

The number of people living in private rented accommodation has doubled in the last 20 years, and there are now an estimated 4.4 million privately rented households in England, with rents outside London increasing at the fastest rate on record in 2021. While most tenants have a good experience of renting, those who do not … Show more

Reports

1 report
Title HC No. Published Items Response
Forty-Ninth Report - Regulation of private renting HC 996 13 Apr 2022 26 Responded

Recommendations & Conclusions

26 items
2 Recommendation Forty-Ninth Report - Regulation of priv… Not Addressed

Local authorities do not have the capacity and capability to ensure an appropriate level of...

Local authorities do not have the capacity and capability to ensure an appropriate level of protection for private renters. Compliance with legal minimum standards is inconsistent across England, and the proportion of privately rented properties with category 1 hazards ranges from 9% in London to 21% in Yorkshire and the … Read more

Government response AI summary
The government's response discusses Électricité de France’s (EDF) strategies, plans and the estimated costs, which is irrelevant to the recommendation about local authority resources for regulating private renting.
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HM Treasury
3 Recommendation Forty-Ninth Report - Regulation of priv… Accepted

The Department is not doing enough to support local authorities to regulate effectively.

The Department is not doing enough to support local authorities to regulate effectively. The dozens of legislative powers used by local authorities are complex and spread across multiple enforcement bodies, creating a fragmented and disempowered regulatory system. Local authorities say that they could regulate better with more support and sharing … Read more

Government response AI summary
The government will run pilot schemes, strengthen LAs' ability to tackle criminal landlords, explore bolstering national oversight of LAs' enforcement, seek to introduce a national framework for setting fines, and continue to fund the National Trading Standards Estates and Lettings Agency Team.
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HM Treasury
4 Recommendation Forty-Ninth Report - Regulation of priv… Rejected

Local Authorities are constrained by the Department’s approach to licensing landlords.

Local Authorities are constrained by the Department’s approach to licensing landlords. In 2010, the Department introduced legislation allowing local authorities to require licences from landlords for more properties that the minimum requirements (the only properties that need licenses are larger houses in multiple occupation—those with at least five people from … Read more

Government response AI summary
The government considers current arrangements for licensing schemes strike the right balance, allowing local authorities to use selective licensing effectively without placing undue burdens on landlords where additional licensing schemes are not needed.
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HM Treasury
5 Recommendation Forty-Ninth Report - Regulation of priv… Acknowledged

The Department lacks good enough data to understand the nature and extent of problems renters...

The Department lacks good enough data to understand the nature and extent of problems renters face. The Department lacks sufficient data on the challenges facing landlords, tenants, and local authorities within the sector. For example, it lacks robust data on complaints, overcrowding, harassment and evictions, and has a limited understanding … Read more

Government response AI summary
The government agrees with the recommendation to develop a coherent data strategy and states they utilize a range of data from various sources to inform policy decisions, and are working to further develop its approach to data to support its renters reform program.
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HM Treasury
6 Recommendation Forty-Ninth Report - Regulation of priv… Accepted

The Department’s forthcoming White Paper offers an opportunity for significant improvement to the private rented...

The Department’s forthcoming White Paper offers an opportunity for significant improvement to the private rented sector. In the past ten years, the Department has made several positive legislative changes in the private rented sector, such as providing tenants with protection from eviction during the COVID-19 pandemic and banning unnecessary charges … Read more

Government response AI summary
The government agrees to fully understand the cumulative impact of proposed changes on tenants, landlords, and the housing market, working with other departments and completing an impact assessment by Spring 2023, as well as developing its approach to data collection to monitor the impact of …
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HM Treasury
7 Conclusion Forty-Ninth Report - Regulation of priv… Not Addressed

Lack of capacity constrains local authorities’ support to renters and use of enforcement powers.

Lack of capacity constrains local authorities’ support to renters and use of enforcement powers. Many local authorities take a light touch or “fire-fighting” approach, as they do not have the capacity to protect tenants and ensure landlords comply with regulations.14 For example, tenancy relations officers provide valuable support to tenants … Read more

Government response AI summary
The Clerk of the Houses will commit to meet the indicative timeframe and set out how they will recruit and retain the skills and expertise needed to deliver the Programme.
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HM Treasury
8 Recommendation Forty-Ninth Report - Regulation of priv… Accepted

The Department has introduced various pieces of legislation which give local authorities a range of...

The Department has introduced various pieces of legislation which give local authorities a range of tools and powers to enforce compliance in the private rented sector, such as civil penalties and banning orders.19 However, over time this has resulted in dozens of legislative powers used by local authorities, which are … Read more

Government response AI summary
The government will run pilot schemes trialling improvements to enforcement of existing standards, strengthen LAs’ ability to tackle criminal landlords, bolster national oversight of LAs’ enforcement by requiring them to report on their enforcement activity, and explore seeking to introduce a national framework for setting …
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HM Treasury
9 Recommendation Forty-Ninth Report - Regulation of priv… Accepted

The Department therefore has an important role to play in using its national perspective to...

The Department therefore has an important role to play in using its national perspective to identify and disseminate good practice among local authorities and help them regulate effectively.22 While it has provided some grant funding for project work (£6.7 million since 2019) and held roadshows across England, much of this … Read more

Government response AI summary
The government will run pilot schemes, strengthen LAs' ability to tackle criminal landlords, explore bolstering national oversight of LAs' enforcement, seek to introduce a national framework for setting fines, and continue to fund the National Trading Standards Estates and Lettings Agency Team.
Read full response →
HM Treasury
10 Recommendation Forty-Ninth Report - Regulation of priv… Accepted

The Department does not have a good enough understanding of what regulatory approaches work at...

The Department does not have a good enough understanding of what regulatory approaches work at local level to help local authorities ensure that landlords comply with their obligations. It has limited data on what tools and approaches are even used by local authorities, as there is no requirement for councils … Read more

Government response AI summary
The government will run pilot schemes, strengthen LAs' ability to tackle criminal landlords, explore bolstering national oversight of LAs' enforcement, seek to introduce a national framework for setting fines, and continue to fund the National Trading Standards Estates and Lettings Agency Team.
Read full response →
HM Treasury
11 Recommendation Forty-Ninth Report - Regulation of priv… Accepted

The Department also does not know in detail what challenges local authorities are facing, and...

The Department also does not know in detail what challenges local authorities are facing, and lacks an early warning system to identify where local regulation is failing private renters. It does not collect data, for example, on the number of complaints, the number of inspections, or the number of staff … Read more

Government response AI summary
The government will run pilot schemes, strengthen LAs' ability to tackle criminal landlords, explore bolstering national oversight of LAs' enforcement, seek to introduce a national framework for setting fines, and continue to fund the National Trading Standards Estates and Lettings Agency Team.
Read full response →
HM Treasury
12 Conclusion Forty-Ninth Report - Regulation of priv… Rejected

In 2010, the Department introduced legislation allowing local authorities to require licences from landlords for...

In 2010, the Department introduced legislation allowing local authorities to require licences from landlords for more properties than the minimum requirements (the only properties that need licenses are larger houses in multiple occupation—those with at least five people from more than one household).26 The Department told us that local authorities … Read more

Government response AI summary
The government considers current arrangements for licensing schemes strike the right balance, allowing local authorities to use selective licensing effectively without placing undue burdens on landlords where additional licensing schemes are not needed.
Read full response →
HM Treasury
13 Recommendation Forty-Ninth Report - Regulation of priv… Rejected

In 2015, the Department added a requirement that selective licensing schemes covering over 20% of...

In 2015, the Department added a requirement that selective licensing schemes covering over 20% of a council’s local area or rented housing stock must be approved by the Secretary of State. It told us it introduced this requirement to ensure robustness and consistency in the way licensing schemes are used.28 … Read more

Government response AI summary
The government disagrees with the recommendation to assess the current arrangements for licensing schemes, stating that the current balance allows effective use of selective licensing without undue burdens on landlords. However, they will work with local authorities and the Local Government Association to develop a …
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HM Treasury
14 Conclusion Forty-Ninth Report - Regulation of priv… Rejected

To apply for approval for a selective licensing scheme, local authorities need a good understanding...

To apply for approval for a selective licensing scheme, local authorities need a good understanding of their local private rental market, which is hard to gather without already having a scheme in place.30 The time and resource needed to produce an application, and the requirement that schemes last only five … Read more

Government response AI summary
The government disagrees with the recommendation to assess current arrangements for licensing schemes, stating that the current system strikes the right balance.
Read full response →
HM Treasury
15 Recommendation Forty-Ninth Report - Regulation of priv… Rejected

Long wait times, made worse during the COVID-19 pandemic, are also a barrier to local...

Long wait times, made worse during the COVID-19 pandemic, are also a barrier to local regulation.33 For example, Liverpool City Council had a city-wide scheme from 2015 to 2020 that was popular locally, which lapsed while the Department was considering the Council’s application to renew the scheme for another five … Read more

Government response AI summary
The government disagrees with the recommendation to assess current arrangements for licensing schemes, stating that the current system strikes the right balance.
Read full response →
HM Treasury
16 Recommendation Forty-Ninth Report - Regulation of priv… Accepted

Tenants have a legal right to a safe and secure home that is free from...

Tenants have a legal right to a safe and secure home that is free from serious health hazards. However, they face significant barriers to realising this right, and many experience significant issues which can result, for example, in serious illness, harassment or homelessness. Some 13% of privately rented homes in … Read more

Government response AI summary
The government will introduce a property portal requiring all private landlords to join, giving private tenants a free redress service, and will learn from a recent mediation pilot to improve alternative dispute resolution.
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HM Treasury
17 Recommendation Forty-Ninth Report - Regulation of priv… Accepted

The current system for renters to resolve problems relies on them being aware of, and...

The current system for renters to resolve problems relies on them being aware of, and enforcing, their own rights. However, tenants often do not know how to complain or do not have the confidence to do so. Charities such as Shelter and Citizens Advice try to plug the gaps where … Read more

Government response AI summary
The government agrees to improve renters’ ability to exercise their rights by bringing forward a landmark Renters Reform Bill, introducing a new property portal that all landlords will be required to join, and learn from the recent mediation pilot.
Read full response →
HM Treasury
18 Recommendation Forty-Ninth Report - Regulation of priv… Accepted

The complaints and redress mechanisms available to renters are also limited and complex.

The complaints and redress mechanisms available to renters are also limited and complex. While there are mandatory redress schemes for social housing and for letting agency work, these are voluntary for private landlords and so most tenants must use the courts system to resolve disputes.40 We heard from tenant representatives … Read more

Government response AI summary
The government will introduce a property portal requiring all private landlords to join, giving private tenants a free redress service, and will learn from a recent mediation pilot to improve alternative dispute resolution.
Read full response →
HM Treasury
19 Conclusion Forty-Ninth Report - Regulation of priv… Accepted

The Department told us that as part of its reform agenda, it plans to end...

The Department told us that as part of its reform agenda, it plans to end Section 21 work and introduce a mandatory redress scheme for landlords, with which it intends to empower tenants and improve landlord compliance.42 However, the Department is yet to assess the success of its existing redress … Read more

Government response AI summary
The government agrees to improve renters’ ability to exercise their rights by bringing forward a landmark Renters Reform Bill, introducing a new property portal that all landlords will be required to join, and learn from the recent mediation pilot.
Read full response →
HM Treasury
20 Conclusion Forty-Ninth Report - Regulation of priv… Acknowledged

To ensure that regulation and other forms of support are effective in protecting renters, the...

To ensure that regulation and other forms of support are effective in protecting renters, the Department needs good data and insight into their experiences and the challenges they face. The Department told us that as part of its upcoming White Paper proposals, it is committed to understanding tenants’ perspectives and … Read more

Government response AI summary
The government agrees with the recommendation to develop a coherent data strategy and states they utilize a range of data from various sources to inform policy decisions.
Read full response →
HM Treasury
21 Conclusion Forty-Ninth Report - Regulation of priv… Acknowledged

However, the Department acknowledged gaps and limitations in its current data, and it is reliant...

However, the Department acknowledged gaps and limitations in its current data, and it is reliant on tenant representatives such as Shelter and Citizens Advice to understand tenant experiences.47 For example, it estimates that during the COVID-19 pandemic, over-crowding peaked at 15% of rented homes, double what it was in 2019–20. … Read more

Government response AI summary
The government agrees with the recommendation to develop a coherent data strategy and states they utilize a range of data from various sources to inform policy decisions.
Read full response →
HM Treasury
22 Conclusion Forty-Ninth Report - Regulation of priv… Acknowledged

Data gaps also mean the Department does not collect the information it needs to evaluate...

Data gaps also mean the Department does not collect the information it needs to evaluate the impact of recent legislative changes. For example, in 2015 it introduced changes in the Deregulation Act to protect tenants from retaliatory eviction after raising complaints with their local authority.51 However, we heard from tenant … Read more

Government response AI summary
The government agrees with the recommendation to develop a coherent data strategy and states they utilize a range of data from various sources to inform policy decisions.
Read full response →
HM Treasury
23 Recommendation Forty-Ninth Report - Regulation of priv… Accepted

Many issues facing both landlords and tenants relate to other policy areas, such as housing...

Many issues facing both landlords and tenants relate to other policy areas, such as housing benefits, tax laws and courts systems. There is therefore a need for cross-government working and data-sharing to understand the wider impacts of planned legislative changes on landlords and tenants.54 The Department told us that it … Read more

Government response AI summary
The government agrees to fully understand the cumulative impact of proposed changes on tenants, landlords, and the housing market, working with other departments and completing an impact assessment by Spring 2023, as well as developing its approach to data collection to monitor the impact of …
Read full response →
HM Treasury
24 Conclusion Forty-Ninth Report - Regulation of priv… Acknowledged

The Department has made some improvements to the private rented sector in the past ten...

The Department has made some improvements to the private rented sector in the past ten years. This includes banning unnecessary charges through the Tenant Fees Act 46 Q 90 47 Qq 91, 93 48 Q 65 49 Qq 92, 93; C&AG’s Report, para 2.14 50 C&AG’s Report, para 19 51 … Read more

Government response AI summary
The government recognizes the improvements made to the private rented sector in the past ten years, including banning unnecessary charges through the Tenant Fees Act and deposit protection schemes.
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HM Treasury
25 Conclusion Forty-Ninth Report - Regulation of priv… Acknowledged

The Department highlighted that its recent work has rightly focused on responding to the COVID-19...

The Department highlighted that its recent work has rightly focused on responding to the COVID-19 pandemic, during which it introduced protections through a temporary restriction on eviction proceedings. The Department told us it continues to monitor the situation as restrictions are lifted. Landlords have also suffered during the pandemic, for … Read more

Government response AI summary
The government recognises the challenges of the COVID-19 pandemic and pressures faced by both landlords and tenants.
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HM Treasury
26 Conclusion Forty-Ninth Report - Regulation of priv… Acknowledged

The Department told us it is now returning to the strategic reform agenda and intends...

The Department told us it is now returning to the strategic reform agenda and intends to publish a White Paper later in 2022.59 It has highlighted specific issues it plans to address as part of its reforms, including security of tenure, enforcement, and redress.60 However, it has not set out … Read more

Government response AI summary
The government recognizes the need for greater fairness in the system to allow renters to realize their right to a safe and secure home and published a white paper on 16 June 2022 setting out details of the planned reforms.
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HM Treasury

Oral evidence sessions

1 session
Date Witnesses
31 Jan 2022 Anny Cullum · Acorn the Union, Ben Beadle · National Residential Landlords' Association, Ben Beadle · National Residential Landlords Association, Caroline Crowther · The Department for Levelling Up, Housing and Communities, Jeremy Pocklington CB · Ministry of Defence, Ms Ruth Ehrlich · Shelter, Tamara Sandoul · The Chartered Institute of Environmental Health, Tracey Waltho · Ministry of Housing, Communities and Local Government View ↗

Who gave evidence

8 witnesses
WitnessOrganisationSessions
Anny Cullum · Strategic Development and Policy Officer Acorn the Union 1
Ben Beadle · Chief Executive National Residential Landlords' Association 1
Ben Beadle · Chief Executive National Residential Landlords Association 1
Caroline Crowther · Director Leasehold and Private Rented Sector The Department for Levelling Up, Housing and Communities 1
Jeremy Pocklington CB · Permanent Secretary Ministry of Defence 1
Ms Ruth Ehrlich · Policy Manager Shelter 1
Tamara Sandoul · Policy and Campaigns Manager The Chartered Institute of Environmental Health 1
Tracey Waltho · Director General, Housing and Building Safety Ministry of Housing, Communities and Local Government 1

Correspondence

3 letters
DateDirectionTitle
8 Sep 2022 Correspondence from Jeremy Pocklington CB, Permanent Secretary, Department for …
22 Feb 2022 Correspondence from Jeremy Pocklington CB, Permanent Secretary, Department for …
22 Feb 2022 Correspondence from Caroline Crowther Director, Private Rented Sector & Leaseho…