The Director of Housing and the Head of Regulatory Service
presented a report on outlining recent and upcoming developments aimed at the improvement
of private rented sector stock within the city. The presentation covered:
- The
Renters’ Rights Bill (RRB)
- The
Supported Housing Act 2023 (regulations) (SHA) and;
- The
introduction of a refreshed Private Rented Sector (PRS)
strategy.
The Renters’ Rights Bill
The RRB was currently at the report stage in the House of
Lords and was anticipated to come into force by summer 2025. There were several
facets to this bill which would be introduced in phases, though no definitive
timescales had been set for this. Key changes introduced included:
- Abolition
of Fixed Assured Shorthold Tenancies, which would be replaced by periodic
tenancies, giving flexibility to tenants by allowing them to remain in a
property until they decide to end the tenancy by giving two months’
notice.
- Restriction
to a limit of one rent increase per year by landlords.
- Abolition
of s.21 (no-fault) eviction. The change in law came with the requirement
for landlords to go to court with a justified reason for eviction
- Ban
on rental bidding war, preventing landlords from encouraging tenants to
outbid one another for properties.
- The
introduction of a new PRS ombudsman to oversee complaints from individuals
and hold landlords accountable.
- The
introduction of a PRS national database, where landlords would be required
to register, enabling Local Authorities to identify and track problems in
the area, especially in relation to landlords that own multiple
properties.
- The
Decent Homes Standards would be extended to PRS properties.
- Introduction
of Awwab’s law in relation to damp and mould, new service standards and
timescales for response would apply to social landlords and PRS
alike.
- Prohibition
of discrimination against people who were on benefits from renting
properties.
- These
changes had wide-reaching implications across the service areas (detailed
in the report) - existing powers would be extended, and additional
responsibilities placed on the Council. To manage this, a Project Board
had been established to coordinate the Council’s response to these
changes.
- New
funding was expected to assist the Council in meeting these new
obligations, but details of this were not yet available.
Supported Housing Act (SHA)
- The
Act was already in force and its objective was to address issues around
quality of accommodation, care and support not matching the rent levels
paid in Supported Exempt Accommodations (SEAs) (i.e. accommodation linked
to care leavers, domestic violence survivors, refugees, prison
leavers).
- There
was previously no regulation that empowered local authorities to deal with
such issues, but the SHA gave new powers to:
- Set
a local strategy for supported housing
- Have
a licensing regime that would enable the Council to influence the quality
of stock and investigate the quality of care and support provisions that
individuals were entitled to.
- The
Council was proactively mapping all existing SEAs within the city and had
established a partnership board that includes Housing, Neighbourhoods and
Social Care to ensure collaboration in delivering on the different
elements of the Act.
- Council
was also considering what this would mean from an inspection regime
standpoint, for both the accommodation and social care inspection.
- The
department was still awaiting clarity on what government funding would be
made available to implement these changes effectively.
The PRS Strategy
The Council was developing a revised PRS strategy aimed at
delivering a holistic and coordinated approach to supporting both tenants and
landlords. The new strategy would incorporate the Council’s responses to the
RRB and SHA, given their direct relevance to it. Some key points noted
were:
- The
strategy had key strategic priorities (set out in paragraph 3.22 of the
report) covering improving standards, improving support, improving
enforcement and protection, strengthening intelligence and promoting a
joined-up approach.
- The
Council was at the stage of developing a formal revised strategy
The Deputy City Mayor for Housing, Economy and
Neighbourhoods acknowledged the potential tension between the priorities of the
Council and those of landlords. She emphasised that the updated strategy aimed
to take on board the challenges and needs from both sides while responding
fairly to them, as well as maintaining positive landlord relationships.
In response to questions, it was noted that:
- There
had been a recent uplift in section 21 cases because PRS landlords were
concerned about the new RRB changes. The Council had a close relationship
with the courts and had information regarding the uplift e.g. where
historically there were 16 cases requiring temporary accommodation weekly,
the past week had seen a spike to 23 cases. The Council had increased
Homelessness Prevention officers from 14 to over 30, to have sufficient
resources to deal with this.
- Another
way for managing this ongoing pressure was the delivery of 250 temporary
accommodations, and a record number of permanent accommodations was
underway
- The
abolition of no-fault evictions had positively impacted landlords’
response to the Council’s incentive scheme. This was mutually beneficial
because it provided security for the landlord, as well as increasing the
Council’s access to PRS stock.
- In response
to the question about how the discrimination against individuals on
benefits would be regulated, it was noted that unless there was explicit
evidence against the landlord, enforcement would be difficult. However,
registration of a landlord on the National database would make it easier
to identify trends and build an evidence base that would allow for formal
action.
- Regarding
the monitoring of estate agents, it was stated that educating them on
their legal obligations would potentially lead to a culture shift and
relationship. However, where concrete evidence of discrimination was
available, formal action could be taken. Additionally, civil penalties for
selective licensing breaches were being issued to not only landlords but
also to letting and managing agents when appropriate.
- To
balance engagement with landlords and regulatory enforcement, the Council
aimed to support compliant landlords while taking action against those who
failed to meet their obligations. In support of this, there was ongoing
proactive engagement with landlord forums and representative groups. This
relationship building had increased the confidence and trust of landlords
in the Council to utilise their stock, and had resulted in 240 PRS
properties secured last year, with a target of around 500 this year. Beyond
this, there was the “call before you serve” initiative, which encouraged
early dialogue between landlords and the Council to resolve issues before
a formal notice was served.
- Work
was ongoing to establish the necessary regulatory structures to deliver
the requirements of the RRB, SHA, and the PRS strategy.
AGREED:
That the report be noted.