Lawmakers need to shift their focus.

Sim Sekhon, MD, LegalforLandlords: “Lawmakers need to shift their focus.”

Housing Standards and Proposed Legal Changes for Landlords

Last September, we posted a blog about housing standards becoming a political issue. You can read it here, but we’re raising the subject again because it looks likely that the proposed legislative changes we mentioned in that post will be put in place. To sum up, tenants will be given the right to take landlords to court if their property isn’t up to scratch.

Giving Tenants the Right to Take Landlords to Court

Now while I agree, wholeheartedly, that properties should be of a high standard and most definitely fit for human habitation, I don’t see the point of another law on the statute books. There are already provisions in place whereby landlords can be fined up to £30,000, and from this April, local authorities will have the power to ban the worst offenders from being landlords. We also have the Housing Health and Safety Rating System (HHSRS), and if the existing provisions are used, then tenants should be protected.

Existing Enforcement Powers and Why New Laws May Be Unnecessary

Yes, the new laws will give tenants more rights but in practical terms, as individuals, the most vulnerable tenants will be unlikely to take their case to the courts. They’ll face expense and, of course, an irrevocable souring of any relationship with their landlord. The intervention of the local authorities in cases of genuine problems provides both the extra distance and weight these cases need.

Will New Tenant Rights Help the Most Vulnerable?

This legislative move is an exercise in crowd-pleasing. It sounds good, and with one in every five houses rented (a figure predicted to rise to one in four within five years) it should be a vote winner, but that doesn’t make it a necessity.

Political Appeal Versus Practical Need for Legislation

Landlords in Britain have faced an increasing regulatory burden over recent years, and most have complied willingly. Landlords aren’t vindictive creatures from an alien culture. They are people like you and me, doing their best to make a living by providing good quality, affordable homes. But the media has a fondness for portraying landlords as villains and tenants as victims. We all know that that’s too simple.

The Growing Regulatory Burden on UK Landlords

I believe that in high places, people are forgetting that there is more than one side to a story. Some tenants are a nightmare. Some set out to defraud with false references and no intention of meeting their rental obligations. Others neglect, damage or destroy property. Some leave houses that were pristine when they started their tenancies, unfit for human habitation. Under the proposed new laws, the worst tenants could even take unfounded, malicious claims to court. The way I see it, any new legislation should give rights to landlords too.

The Reality of Problem Tenants and Unbalanced Risk

In all this debate, there is an aspect that rarely gets a mention. Seemingly untouched by any statutory process – and just as likely to be missed by this latest proposal – there are deliberate rogue landlords renting to those tenants most landlords are unwilling to take on. Perhaps instead of unnecessary legislation, our lawmakers could think of a way to regulate that part of the sector?

The Overlooked Issue of Rogue Landlords

I don’t believe we need another law. I think our Government should focus on fixing the parts of property rental that are broken, not those that aren’t.

Fixing What’s Broken in the Rental Sector