The Government has thrown its weight behind a Labour MP’s proposals to allow tenants to take landlords to court if they don’t ensure their property is fit for human habitation throughout their tenancy.
Secretary of State for Housing Sajid Javid yesterday confirmed the Government’s support for possible new legislation that it said would help ensure rented homes are safe.
It will enable tenants to sue if landlords fail in their duties and will apply to all tenancies of fewer than seven years, regardless of the type of landlord.
The proposal is not new but the official government backing for it is. It is in a Private Member’s Bill put forward by the Labour MP for Westminster North, Karen Buck.
Buck originally introduced the Bill in 2015, seeking to amend the Landlord and Tenant Act 1985 to require that residential rented accommodation is provided and maintained in a state of fitness for human habitation but it was talked out.
Labour then sought to reintroduce her proposals in the Housing and Planning Bill 2015/2016, but 312 MPs – almost entirely Conservatives – voted against, while 219 voted in favour.
Buck once again reintroduced her Bill in Parliament last summer in the wake of the Grenfell Tower disaster in London.
Now Javid, who last week was given overall control of housing policy as part of the ministerial reshuffle, said he will adopt measures proposed by Buck to protect tenants in both the social and private rented sectors.
The Government pointed out that it had already introduced powers for local authorities to crack down on landlords who rent out unsafe or substandard accommodation, which include being able to fine failing landlords up to £30,000. From April this year, councils will also be able to issue banning orders for the most prolific rogue landlords.
However, these proposals take things a step further and hand more power to tenants.
Javid said: “Everyone deserves a decent and safe place to live. Councils already have wide-ranging powers to crack down on the minority of landlords who rent out unsafe and substandard accommodation.
“However, public safety is paramount and I am determined to do everything possible to protect tenants.
“That is why government will support new legislation that requires all landlords to ensure properties are safe and give tenants the right to take legal action if landlords fail in their duties.”
Over the weekend, Buck welcomed the news and expressed her hope that the Bill would finally be passed into law:
Delighted to confirm that the Government will be supporting my Private Member’s Bill to strengthen tenants’ rights and ensure homes are fit for human habitation. Now let’s make it law.. https://t.co/NpR5V2N5o7
— Karen Buck (@KarenPBuckMP) 13 January 2018
Commenting on the announcement, Douglas Haig, vice-chair of the Residential Landlords Association (RLA), told EYE: “Overall it’s a positive thing. In general we’re not big fans of more and more legislation but this is an amendment to an existing Bill and it is about updating what realistically is already there in the 1985 Act.
“Ultimately, if we look sensibly at things, what it is asking for is what most landlords would already expect to be law.
“The concern that landlords are inevitably going to have is that tenants are now going to be able to enforce things themselves. We don’t disagree with this but the last thing we want is stealth action by tenants trying to get compensation from landlords.
“We’ve always been keen on enabling enforcement and facilitating it. We all know environmental health officers are not resourced well enough. That’s where this Bill is slightly different in that tenants will now be able to take action themselves.
“I think it is also time to look at another aspect that we have been calling for for some time, which is a dedicated housing court, based on the tribunal model, where this can be dealt with appropriately.”
Residential property expert Frank Webster, vice-chairman of Oxford lettings agency Finders Keepers, took to Twitter to question why the legislation was necessary at all:
“Councils already have wide-ranging powers to crack down on the minority of landlords” – so why the need?
Gov should just focus on one thing at a time!
Oh, and why announce on a Sunday!? 💤💤 #ukproperty #renting https://t.co/cI64VtzKK2— Frank Webster (@frankcwebster) January 14, 2018
Meanwhile, Giles Peaker, a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in south London, has explained the finer points of what the Bill could mean in his Nearly Legal housing law blog.
Peaker said: “There is some way to go, and some bits that still need addressing at committee stage, and of course there are still the real risks of getting talked out at second reading – so we still need the 100 MPs to attend, but government support is a very, very welcome development and gives a good following wind for the prospects of the Bill becoming an Act.”
A second reading of the Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill is scheduled in the House of Commons on Friday. With the Government’s support, it is now expected to enter the legislative process possibly as soon as late spring. Implementation of the Bill could then take around another 12 months.
Comments (4)
What gauls me as much as anything is that the government have the nerve to impose more and more legislation on commercial and domestic landlords, when the condition of much of their own rental estate does not meet their own guidance. They make these wise decisions in the houses of parliament; now does my memory fail me or did they justify the upgrade costs because the building is unsafe? yet I understand that this work has now been halted . I would love to see their electrical safety and energy efficiency reports … oh no silly me, rules don’t apply to themselves. A clear case of do as I say?
And by the way I quite agree on upping the anti on tenants who dont maintain the property – just found one tenant attacked my 2 year old kitchen painting the beige tiles red and kitchen units black , so there goes another huge wad of my money when he goes
With the latest Carillion saga where is the Government’s and Council’s due diligence? how dare they constantly attack our profession!!
Is it compulsory to be silly to be an MP? There are loads of pieces of legislation already to force landlords to maintain their property and to be punished if they don’t. My guess is that the MPs who keep proposing more and more legislation are unaware of the powers already in the hands of Local Authorities. The HHSRS provides the councils with adequate powers to deal with virtually all aspects.
The old chestnut of tenants causing damage by drying washing indoors causing condensation in one of the biggest problems faced on a daily basis. I can see the chance for more tenants to be sued for causing damage to landlords property and cost of remedial works where they do not occupy the property in a good tenant like manner. Landlords will need to wise up and start suing tenants where, at present, they tend to let tenants get away with much more than they should. This upping the stakes will be inevitable as landlords are victimized by bully legislation.
As it is I am considering reporting a tenant to the Fraud Line where he clearly never intended to pay his rent. It is not arrears but fraud as after his second months rent he stopped paying completely.
No-one can disagree that rogue landlords need taking to task, but as the story already confirms there are systems in place to do just that. How is the tenant going to be able to fund their actions and what redress is there for the landlord expenses who is the subject of a false and malicious complaint that is thrown out of court? The other side of the coin ..
“That is why government will support new legislation that requires all landlords to ensure properties are safe and give tenants the right to take legal action if landlords fail in their duties.”
should also read …
“Government will support new legislation that requires all tenants to ensure properties are safe and give landlords the right to take legal action if tenants fail in their duties and criminalise rent arrears, damage and false references.”