• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • About
  • My Services
  • Training and Events
  • Landlord Law
Landlord Law Blog

The Landlord Law Blog

Interesting posts on residential landlord & tenant law and practice In England & Wales UK

  • Home
  • Posts
  • News
    & comment
  • Analysis
  • Cases
  • Tips &
    How to
  • Tenants
  • Clinic
    • Ask your question
    • Clinic replies
    • Blog Clinic Fast Track
  • Series
    • Renters Rights Bill
    • Election 2024
    • Audios
    • Urban Myths
    • New Welsh Laws
    • Local Authority Help for ‘Green improvements’ to property
    • The end of s21 – Protecting your position
    • End of Section 21
    • Should law and justice be free?
    • Grounds for Eviction
    • HMO Basics

Tessa Shepperson Newsround #78

This post is more than 6 years old

November 30, 2018 by Tessa Shepperson

I’ll start off with some good news this week which could bring new houses quicker than expected:

Modular homes are here

This Guardian article looks at the new factories that are being build for ‘modular housing’ (the old ‘prefab name is being avoided due to unfortunate associations) which will cut the building time dramatically.

It will also avoid the problems caused by lack of skilled construction workers.

Rosie Toogood of Legal & General Modular (which I wrote about previously here) who have already started delivering their new homes, said

We are building a new industry here, designing in different ways and redefining the housebuilding process. We are changing the supply line, and building at a pace never seen before.

Bjorn Conway, the chief executive of private equity-backed Ilke, said:

We are just scratching the surface of what’s possible. We took a licence on this factory just 12 months ago and have already delivered the first homes. We are deconstructing construction, and driving productivity improvements, without relying on hard-to-find construction skills.

The Problem of Rogue Landlords

After having analysied the results of an FOI request to Councils, the RLA have found that nine out of ten Councils are failing to use their new powers against rogue and criminal landlords anad 1/5 did not even issue any improvement notices.

Which is not only failing tenants but also failing the good landlords.

David Smith, policy director for the RLA, said:

These results show that for all the publicity around bad landlords, a large part of the fault lies with councils who are failing to use the wide range of powers they already have.

Too many local authorities fall back on licensing schemes which, as this report proves, actually achieve very little except to add to the costs of the responsible landlords who register.

Instead of policing licensing schemes, councils need to focus on finding and taking action against criminal landlords.

David also wrote an opinion piece on Property Industry Eye where he set out the RLA blueprint for enforcement:

  • Ensuring councils properly use the powers they already have to enable tenants to identify their landlords on council tax registration forms rather than resorting to costly and ineffective licensing schemes. This would prevent the criminals evading identification.
  • Providing local authority enforcement departments with the sustainable funding needed for quality enforcement against those landlords bringing the sector into disrepute.
  • The development of a properly funded and fully fledged housing court to speed up access to justice in the minority of cases where things go wrong.

Rogue landlords to faice siezure?

The Guardian reports that in a debate in Parliament on the select committee’s report calls were made to allow Council’s to seize and confiscate properties from rogue landlords.

Clive Betts, the Labour MP who chairs the committee, asked Housing Minister Heather Wheeler:

Just reflect – even if you can’t commit to a change of policy today – to have a think about [confiscation]. These people are bad people renting bad houses to vulnerable tenants.

They’re making lots of money out of it, they’re making proceeds out of their crime. Let’s take off them the asset that enables them to do that.

Although I believe that there are already some powers – at least for Councils to carry out repair work and charge the landlord.  Thee is also compulsory purchase – although breach of housing regulations may not be a justification for this.

Long delays in eviction

Another story this week is that landlords are now waiting on average up to 5 months to recover possession of their properties through the courts – although in some areas (such as London)  it is more than this.

The RLA have pointed out that any chance of developing longer fixed terms is foredoomed to failure unless landlords are able to recover properties from non paying and anti-social tenants more quickly during the fixed term.

Remember that section 21 cannot be used until the fixed term has ended and this is a major bar to longer fixed terms.

Proportionality and section 21 evictions

Landlords will be pleased to learn that an appeal of the case McDonald v. McDonald (which was about whether a disabled tenant being evicted under section 21 had any right to challenge this under Human Rights laws) to the European Court of Human Rights has failed.

The Court has held that insofar as private lettings are concerned, where the state has legislated on how the balance of the parties rights are achieved, and where these statutory rights and obligations form part of the contract, this should not be overridden by the Courts.

This means that a similar appeal in respect of a claim for possession under, for example, the maindatory rent arrears ground, ground 8, would be treated in the same way – so long as the landlord was a private landlord.

So private landlords no longer need to worry about this issue.  Find out more on Nearly Legal.

Snippets

  • A survey by online agent Urban has found a worrying lack of awareness of legal rules among buy to let landlords
  • Spareroom has linked up with the RSPCA and Crisis to launch a ‘think tank’ to  help  renters with pets
  • A Gurdian letter witer gives an example of housbuilders profit over actual need
  • In Norwich council offices are to be turned into social housing
  • Combustable materials are to be banned on new high rise homes
Previous Post
Next Post

Filed Under: News and comment

Notes:

Please check the date of the post - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.

Reader Interactions

Please read our terms of use and comments policy. Comments close after three months

Comments

  1. Ikram says

    November 30, 2018 at 12:27 pm

    The wording of RLA’s statement rubs me the wrong way. It implies that councils are more concerned about generating revenue from licensing schemes than enforcing standards throughout their territory.

    That’s certainly not true of our local council, and given the significant costs required for actually policing licensing schemes, I doubt it actually generates any net gain for the councils at all.

    The fact is that housing departments for councils are short-staffed. Our council appears to have maybe four housing standards officers, covering an area that has at least 10,000 private rented properties. Properly carrying out an assessment under HHSRS is presumably complex. You can’t do it in a quick ten minutes, and you can’t escalate without doing it. So do the math.

    Looking at prosecutions and improvement notices alone also isn’t helpful. Officers are advised to try and work with landlords on an informal basis before escalating. The success or failure of this is invisible and can’t be quantified.

    The RLA should first ask if mandatory licensing schemes are actually the result of councils not having the funds to enforce standards any other way.

    In my opinion, the government should consider increasing funding to housing standards departments rather than creating new regulations and instruments for councils that do not have the resources to make use of what they already have. I suspect that this isn’t regarded as particularly sexy for politicians who would rather make policy than act as accountants.

    • hbWelcome says

      November 30, 2018 at 3:25 pm

      “licensing schemes, I doubt it actually generates any net gain for the councils at all.”

      It generates gold plated pensions, provides careers, builds empires and with the added bonus of appearing to be tackling the problem.
      Far easier to administer the good landlords than the difficult task of taking on the real criminals.

    • Adam says

      December 1, 2018 at 1:29 am

      “licensing schemes, I doubt it actually generates any net gain for the councils at all.”
      The licensing scheme should be at best revenue neutral for the Council. The huge gain they will make is that tenant’s of good (i.e. licensed) landlords will be paying for the HHSRS inspections.
      Regarding licensing charges, has there been anything more from Gaskin v Richmond? ( https://landlordlawblog.co.uk/2018/08/20/ ) I have seen that Richmond have modified their fee structure so that there are 2 payments – one on application and one on grant of licence ( https://www.richmond.gov.uk/services/housing/information_for_landlords/landlord_responsibilities/landlord_licences ) – but I can’t find anything about whether they have decided to appeal or not.
      Has there been anymore discussions/court cases on whether the second fee is legal.

    • Peter Jackson says

      December 2, 2018 at 9:58 pm

      The government did recently allocate more money for housing enforcement – https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/754672/Rogue_Landlords_Enforcement_Grant_prospectus.pdf

      • Ikram says

        December 3, 2018 at 5:46 pm

        The 2 mil grant offered by the government is practically useless.
        It adds up to around five grand per local authority in England if divided evenly between them.

        What’s the point, even?
        Aside from having a response, any response, to the Guardian’s recent coverage of the PRS. Which might clue us into what’s driving policy here and what the actual goal is.

        • hbWelcome says

          December 4, 2018 at 10:28 am

          “What’s the point, even?”

          Of that, we are in agreement.

          Shovelling more and more money and power to councils is not the solution.

  2. Adam says

    December 1, 2018 at 1:34 am

    Will SpareRoom/RSPCA/Crisis be campaigning to introduce a bill to allow landlords to charge a higher deposit when a tenant has a pet? I doubt it.
    I have allowed some pets at my properties in the past, but I will be severely limiting what I allow once the Tenant Fees Bill comes into force.

    • Tessa Shepperson says

      December 1, 2018 at 7:22 am

      Why can’t you just charge a slightly higher rent?

      You could justify this by saying that there will be more wear and tear (depending on the pet).

  3. hbWelcome says

    December 1, 2018 at 9:02 am

    “Why can’t you just charge a slightly higher rent?”

    Effectively meaning all pet owning tenants have to pay for the minority of bad pet owning tenants.

    The same logical consequence will also apply to non-pet owning tenants.

    Who actually benefits from this deposit cap? Not the majority of decent tenants.

    A London-centric perceived problem ‘solved’ for political gain.

Primary Sidebar

Sign up to the Landlord Law mailing list and get a free eBook
Sign up

Post updates

Never miss another post!
Sign up to our Post Updates or the monthly Round Up
Sign up

Worried about insurance?

Insurance Course

Sign up to the Landlord Law mailing list

And get a free eBook

Sign up

Footer

Disclaimer

The purpose of this blog is to provide information, comment and discussion.

Please, when reading, always check the date of the post. Be careful about reading older posts as the law may have changed since they were written.

Note that although we may, from time to time, give helpful comments to readers’ questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts.

Any comments or suggestions provided by Tessa or any guest bloggers should not, therefore be relied upon as a substitute for legal advice from a qualified lawyer regarding any actual legal issue or dispute.

Nothing on this website should be construed as legal advice or perceived as creating a lawyer-client relationship (apart from the Fast Track block clinic service – so far as the questioners only are concerned).

Please also note that any opinion expressed by a guest blogger is his or hers alone, and does not necessarily reflect the views of Tessa Shepperson, or the other writers on this blog.

Note that we do not accept any unsolicited guest blogs, so please do not ask. Neither do we accept advertising or paid links.

Cookies

You can find out more about our use of 'cookies' on this website here.

Other sites

Landlord Law
The Renters Guide
Lodger Landlord
Your Law Store

Legal

Landlord Law Blog is © 2006 – 2025 Tessa Shepperson

Note that Tessa is an introducer for Alan Boswell Insurance Brokers and will get a commission from sales made via links on this website.

Property Investor Bureau The Landlord Law Blog


Copyright © 2025 · Log in · Privacy | Contact | Comments Policy