Further steps towards compulsory redress scheme

Posted: November 22, 2013 | Author: | Filed under: Bury & Walkers, Landlords, Letting Agents, Managing Agents, Property Law, Tenancy Agreements, Tenants | Tags: , , , , | Leave a comment

Following the publication of proposals to improve the quality and regulation of the private rented sector in England (see Government Proposals to Improve Private Rented Sector), the Department for Communities and Local Government (“DCLG”) has now published its proposed conditions for setting up a redress scheme for letting and managing agents.

It is proposed that the redress scheme will allow agents to be investigated where they have not been clear about any issues relating to the tenancy. Tenants and landlords will be provided with the ability, under the terms of the scheme, to seek resolution of any letting and management issues. This would include payment of compensation.

The proposed conditions that will need to be met by agents are available to view here.

DLCG aim to bring the scheme forward for approval with a view to the Secretary of State approving schemes in January 2014. Agents and landlords therefore need to be aware of the proposals so that steps can be taken to join a redress scheme which is to become a compulsory requirement.

Government Proposals to Improve Private Rented Sector

Posted: October 25, 2013 | Author: | Filed under: Landlords, Letting Agents, Managing Agents, Possession, Property Law, Residential Property, Security of tenure, Tenancy Agreements, Tenants | Tags: , , , | 1 Comment

I have previously written about the inquiry conducted by the Government into the private rented sector (see Private Rented Housing: Inquiry announced).

The Government has now published proposals in response to the inquiry, setting out the proposals for improving the quality and regulation of the private rented housing section in England. It has also issued a draft Tenant’s Charter to help tenants understand what to expect when they rent a property and how to take action over hidden fees or poor standards.

A copy of the Report containing 44 recommendations can be found here

A copy of the draft Tenant’s Charter, which sets out the basics that all private tenants in England should consider before and during their time in a rented property, can be found here.

The Government hopes the tenants will be able to request longer tenancies in order to provide stability for their family, avoid hidden fees and demand a fair deal from their landlord and letting agent.

A model tenancy agreement is provided within the draft Charter, although this is not going to be for compulsory use. The key to the draft Charter is “family-friendly tenancies” and to educate tenants so that they are able to have a better understanding, and access to information, about their tenancy.

The Government’s intention is that the new measures will attract new investments into the private rented sector, including the £1 billion Build to Rent Fund, a scheme delivering new build properties specifically for private rents.

Other recommendations (within the 44 contained within the Report) include establishing a code of practice for management of private rented property, introducing legislation requiring all letting and managing agents to belong to an approved redress scheme and guidance on the role of police and enforcement of eviction.

Private rented housing: inquiry announced

Posted: October 24, 2012 | Author: | Filed under: Bury & Walkers, Houses in Multiple Occupation, Housing Act, Landlords, Leasehold Property, Letting Agents, Property Law, Residential Property, Tenants | Tags: , , , | 1 Comment

The Communities and Local Government Committee is conducting an inquiry into the private rented housing sector. The inquiry will focus on the quality and regulation of private rented housing, and the rent levels within the sector.

The Committee is interested in submissions from interested parties and suggests that the following topics are relevant to its inquiry:
• Steps to ensure that all housing in the private sector is of an acceptable standard.
• Rent control and the interaction between housing benefit and rents.
• Regulation of landlords, and how to deal with rogue landlords.
• Regulation of letting agents, agents’ fees and charges.
• Regulation of houses in multiple occupation (HMOs).
• Terms of tenancy agreements, their length and security of tenure.
• How local authorities are discharging their homelessness duty by placing homeless households in the private sector.

Housing supply is not a topic for consideration in this inquiry. The closing date for submissions is 17 January 2013.

This inquiry demonstrates that the government is alert to the housing crisis, particularly acute in London and evidenced by long council housing waiting lists and rising rents. However, although regulation of the private rented sector is overdue, the inquiry is unlikely to quieten calls for an increase in home building, rent capping and increased housing benefit.