Property conditions in the private rented sector under the spotlight in England

The Department for Communities and Local Government (DCLG) has just published a discussion paper on how to improve the condition of properties in the private rented sector (PRS) in England. Although this review does not extend to Northern Ireland, it nevertheless provides some food for thought on how we can raise local standards in private rental accommodation. The main objective of the DCLG consultation paper is to consider what more can be done to improve property conditions in the PRS  and how best to tackle bad landlords without negatively impacting on the majority of good landlords with a closing date for responses by 21 March 2014.

Measures to improve the private rented sector

The UK Government announced a package of measures on 16 October 2013 which included the development of an English private tenants’ charter and a requirement for all letting and managing agents in England to belong to a redress scheme. One other measure included this commitment to undertake a review into PRS property conditions. It is unclear how our local Department for Social Development will take on board the findings of this particular review even though it is evident that Northern Irish private tenants now have significantly fewer protections than their peers in Great Britain. A review of the private rented sector was promised in the Department’s Strategic Housing Action Plan however few details have emerged on how and when this will be taken forward.

Issues under consideration

Issues under consideration in the DCLG paper include:

• How local authorities can improve information & advice to private tenants, particularly on identifying and reporting potential hazards.
• Tackling retaliatory eviction by introducing restrictions on the use of the section 21 possession procedure by the landlord in certain situations. For example, a restriction could be brought in providing that a section 21 possession notice has no legal force where repairs or improvements have not been carried out to a property.
• Introducing Rent Repayment Orders where a landlord has been convicted of illegally evicting a tenant and/or where a property has serious hazards.
• Requiring all landlords to install, and maintain, smoke alarms and carbon monoxide alarms in their properties.
• Introducing a statutory requirement on landlords to have electrical installations regularly checked. The Electrical Safety Council recommends that electrical installations in rented dwellings should be checked by a qualified electrician every 5 years and that a visual inspection of electrical sockets etc should be undertaken on a change of tenancy.
• The role and effectiveness of voluntary accreditation initiatives compared to licensing as a way of driving up standards in the PRS.
• The effectiveness of the Housing Health and Safety Rating System in England.

The full document is available to download.