168 pieces of legislation

168 pieces of legislation

9:14 AM, 5th July 2021, About 3 months ago 3

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Laws underpinning the private rented sector are not fit purpose as new research reveals that some date back to the 18th century.

According to the analysis published today, by the time the forthcoming Building Safety Bill is given royal assent, the number of statutory provisions applying to the sector in England will have risen by 40% 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 National Residential Landlords Association is warning that far from the private rented sector being under-regulated, the sheer number of laws means councils are unable to enforce them properly.

Data obtained by one of the NRLA’s predecessor organisations found that in 2017/18, 89% of local authorities reported issuing no civil penalties against private landlords. Over half said they did not have a civil penalty policy in place.

With the Government pledged to develop a new White Paper on the private rented sector in the autumn, the NRLA is calling for a full assessment of the ability of councils to enforce the wide range of powers already available to them. 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.

It is calling also for a full review by the Law Commission of the current laws applying to the sector to establish if they are fit for purpose, and to propose updated and potentially consolidated legislation fit for the 21st century.

Ben Beadle, Chief Executive of the National Residential Landlords Association, said:

“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.”



Comments

by Luke P

12:54 PM, 5th July 2021, About 3 months ago

If you allowed good landlords to have a greater say rather than the voices of envy and ideal politics from local councils, it might not be so much of a mess.
But that would also require a very large dose of reality and responsibility on the part of the tenants. And whilst it is those same councils that help develop these rules that must house those kicked out (possibly) due to those rules, they’re hardly going to want to increase their caseloads, are they…?

by Blodwyn

10:24 AM, 10th July 2021, About 2 months ago

Just a general comment as a retired solicitor. I wonder if there may be some way of beefing up The Law Commission to conduct a thorough revision of Statute Law, topic by topic. Objective: to reduce the cobweb of legal puzzles confronting Ordinary Joe, let alone puzzling the life out of people who are supposed to know where it can be found?? Yes, my opposers will be right, such a body of worker ants would grow and grow and grow like the Lambton Worm until only the NHS didn't work for it? But, really! For starters, Revenue Law - I believe some clever chap put together a model that said if you charged VAT on everything (no exemptions) at a certain level, no other tax levy of any kind whatsoever would be needed. Bingo! Tax Law on one piece of A4, think about it? Interest groups like tax consultants would fight it tooth and nail but it's a thought.


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