REsidEnTiallettings
available without hurdle or criteria on a the Government will look to set up a
payment of a fee. The licence would be mechanism whereby tenants are able to
nationally administered by an register official complaints about
autonomous agency but would be sub-standard landlords, and if these
revoked if the landlord did not meet complaints are substantial and proven
statutory requirements on housing then landlords may be removed from the
management and quality. The fee income national register.
could contribute to a housing justice
•
Greater local authority support for
network, which should be effectively good landlords. Local authorities will be
linked to the licensing framework. A encouraged to create ‘local lettings
single property tribunal might be easier
It is not right that
agencies’ to better facilitate tenancies in
for tenants to access and could be
connected to a specialised housing court.
tenants through no
the private rented sector for those in
housing need, including Housing Benefit
•
No changes were recommended to
security of tenure regime. The authors
fault of their own can
recipients.
found that tenants generally leave their
be forced to leave their
The Government also announced its
properties when they are happy to do so. intention to change the law to ensure that
Problems with insecurity often reflect home at a moment’s tenants have a minimum two months’
inadequate policing, difficulties with
housing benefit, or poor support for
notice if their landlord
notice if they have to leave their home
because their landlord has been
vulnerable tenants. However:
•
is repossessed.’
repossessed. At present, a gap in legal
Landlords should be encouraged to protections means that some tenants could
offer longer term lets if intermediary marGaret Beckett, minister for housinG be evicted at short notice if their landlord
agencies are in place to mitigate risks is repossessed – sometimes with less than
with a tenant. two weeks to move their belongings.
•
Landlords who evict tenants for simply the Government response
complaining about their accommodation The private rented sector: professionalism marGaret Beckett said:
should be removed from the sector by and quality “With almost three million private tenants
means of the licensing regime. Government response to the Rugg Review in the country, the private rented sector
On 13 May Housing Minister Margaret plays a vital role in providing choice and
The DCLG said it would respond to this Beckett announced proposals for a package flexibility in the housing market. That’s
report (and others) early in 2009, triggering of measures to strengthen consumer why we need to ensure tenants have the
speculation that the Government would protection in the private rented sector. protection they deserve, the many decent
adopt the proposals for landlord licensing. The proposals now move into a landlords receive the support they need,
The Opposition argued that the scheme consultation period (any interested party and those landlords whose performance is
would add to bureaucracy and cost and be may contribute) which is now open, with a inadequate, improve or leave the sector.
a deterrent to prospective landlords. closing date of 7th August 2009. Much “The proposals we’ve announced today
Some change has already occurred. follows Rugg’s recommendations including: will create a system that retains its
On 5 May ARLA launched its licensing attractiveness for those who choose not to
system which requires all their members to
•
Introducing a light-touch national buy, but also embraces greater
be licensed with the following implications: register of every private landlord in professionalism without creating
England to increase protection for both unnecessary burdens on landlords. It is not
•
All members will hold a standard vulnerable tenants and good landlords. right that tenants through no fault of their
professional qualification relating to Landlords will need to include their own can be forced to leave their home at a
lettings and undertake continuing registration number on all tenancy moment’s notice if their landlord is
professional development. agreements and could be removed from repossessed, which is why we are intending
•
Client money protection schemes the register for persistent poor to change the law. In the meantime, I hope
must be in place to protect all tenant performance like failing to carry out that lenders will move quickly to safeguard
and landlord funds. essential repairs, or not protecting tenants in their homes.”
•
Client fund accounts must have an tenants’ deposits.
annual audit. or private sector consultation
•
•
Full regulation f
Professional indemnity insurance letting agents. Letting and managing This 35 page document presents proposals
must be held. agents do not currently need to have for changes to the way the Private Rented
•
Agents must belong to an indepen- professional credentials. This means that Sector is governed, primarily suggesting
dent redress scheme. both tenants and landlords have no that it will introduce both licensing for all
•
Agents must abide by a strict code of realistic redress when things go wrong. To private landlords and regulation of all
practice. tackle this, the government proposes letting agents. No information on a
None of the above is compulsory for creating an independent regulator for legislation programme will be available
letting agents at the moment which letting and managing agents. until at least 2010. The full document may
means that in many cases both landlords
•
An improved complaints and redress be downloaded at www.propertydrum.
and tenants are without redress. procedure for tenants. For the first time, com/articles/govtrugg.
PROPERTYdrum JUNE 2009 47
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