Private rented sector laws 'not fit for purpose': NRLA | Mortgage Strategy

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The private rented sector is “not fit for purpose” due to overregulation, with some laws dating back to the 18th century, says the National Residential Landlords Association.

The lobby group says by the time Building Safety Bill is given royal assent, timetabled for later this parliament, laws applying to the sector in England will have jumped by 40 per cent over the last decade to 168 pieces of legislation.

This includes the Landlord and Tenant Act 1730 and the Distress for Rent Act 1737.

The body says “the sheer number of laws means councils are unable to enforce them properly”.

It adds that data from 2017 to 2018 shows that 89 per cent of local authorities issued no civil penalties against private landlords, with over half adding they did not have a civil penalty policy in place.

In May, the government’s Queen’s Speech, as part of a raft of planning proposals, said it would court ideas to “enhance the rights of those who rent” through a white paper rather than a bill.

However, the NRLA is calling for full review by the Law Commission of the current legislation applying to the rented sector, which should update and consolidate laws.

The group adds: “It is warning that proposals to improve the sector for tenants and responsible landlords will be critically undermined if regulations cannot be enforced properly, which would serve only to help those providing sub-standard accommodation.”

National Residential Landlords Association chief executive Ben Beadle says: “The laws underpinning the private rented sector are not fit for purpose.

“They are failing to protect responsible landlords and tenants from the actions of those who bring the sector into disrepute.

“As ministers consider further reforms it is urgent that we understand the ability of councils to properly enforce these as well as existing regulations.

“We also need to use this opportunity to ensure laws reflect the realities of a modern private rented sector.”

In the Queen’s Speech, the government also announced a Planning Bill, which aims to sweep away many construction restrictions in a bid to build 300,000 homes a year.

It also outlined a Building Safety Bill, which will appoint a building safety regulator and initiate financing for cladding replacement, and a Leasehold Reform Bill, which will look to ban ground rent for leasehold flat owners.


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