Why are landlords expected to parent their tenants?

Sefton Council’s recent warning to private landlords has sparked outrage, and for good reason. The council insists that landlords – not the council or social landlords, naturally – must ensure their tenants dispose of rubbish correctly or face Fixed Penalty Notices of up to £400 – or even unlimited fines.

You could file this under ‘You couldn’t make it up’, but this isn’t just about fly tipping; it’s part of what appears to be a broader trend where councils are shifting responsibility onto landlords for tenants’ actions, from anti-social behaviour and now waste management.

With the Renters’ Rights Bill looming, the question is: why aren’t councils treating private tenants as responsible adults, and where do we draw the line?

Ben Beadle, the chief executive of the National Residential Landlords Association (NRLA), hit the nail on the head when he argued that landlords cannot be held accountable for their tenants’ rubbish.

He said: “I see it in the magistrates’ court routinely, and frankly this sort of selfish behaviour should attract the proverbial book being thrown at the perpetrators.

“But I am incredulous that a landlord is responsible for the tenants’ rubbish – making a further mockery of overreaching licensing regimes.

“Sure, provide appropriate bins and other measures but other than that, we are all responsible for our own behaviour.”

Should landlords do the policing?

Yet, councils like Sefton seem to think otherwise, expecting landlords to police their tenants’ every move. This isn’t just unfair – it’s legally questionable which could see them haemorrhaging taxpayer money in court if challenged.

The fly-tipping fines are just the tip of the iceberg. Under many selective licensing schemes, landlords are required to manage anti-social behaviour (ASB) by their tenants.

This includes everything from noisy parties to more serious disturbances.

The licensing conditions demand that landlords take ‘reasonable and practical steps’ to prevent ASB, provide written action plans on demand, and even vet tenants for potential nuisance risks before granting a tenancy.

Failure to comply can lead to fines, licence revocation, or even the council taking over property management through an Interim Management Order. It’s a bureaucratic nightmare that assumes landlords have the time, resources and legal authority to act as surrogate parents.

The Renters’ Rights Bill will make things even worse.

By abolishing Section 21 ‘no-fault’ evictions and moving to periodic tenancies, the Bill gives tenants unprecedented security. Landlords will need to rely on grounds-based possession orders to evict tenants, which could take a year or more to process through an already clogged court system.

With court backlogs and rising legal costs which can run into thousands of pounds with no guarantee of recovery, evicting a tenant for fly-tipping or ASB will be a massive – and potentially fruitless – task.

Accountability for tenants

This begs the question: where is the accountability for tenants? Councils seem to operate on the assumption that tenants can’t be trusted to act responsibly, so landlords must bear the burden.

But this approach is flawed. Tenants are adults with legal obligations under their tenancy agreements. If they fly-tip, they should face the £400 fine, not the landlord.

If they engage in ASB, they should face consequences, not the landlord who provided them with a home.

So, congratulations to Baroness Eaton, a Conservative peer, who told the recent RRB debate: “Anti-social behaviour is a scourge on our communities, and landlords should have access to tougher powers to tackle it.

“Those with experience in local government will be well aware that when a tenant engages in anti-social behaviour, it is the landlord who faces enforcement action from the council.

“It follows, therefore, that the landlord must be equipped with the necessary powers to respond effectively.”

Holding landlords liable for tenants’ actions creates a perverse incentive: why should tenants change their behaviour if someone else is footing the bill?

Landlords are being squeezed out

Small landlords, who provide a personalised service and often go the extra mile for tenants, are being squeezed out. In their place, large corporate portfolios are growing, offering impersonal service and higher rents.

This benefits no one – neither tenants, who face a shrinking rental market, nor landlords, who are vilified and overburdened.

So, where do we draw the line? Landlords should provide safe, compliant properties and reasonable support, like bins for waste and clear tenancy terms.

Beyond that, tenants must be held accountable for their actions.

Councils need to enforce laws directly against offenders, not use landlords as a convenient scapegoat with a wallet that is ripe for the plucking.

The government must also rethink the Renters’ Rights Bill to balance tenant protections with landlords’ ability to manage their properties effectively.

Without this, the private rented sector will continue its decline, leaving tenants with fewer options and landlords with impossible responsibilities.

It’s time for Westminster to listen.

Stop treating landlords as a tenant’s ‘appropriate adult’ and start expecting grown-ups to act like grown-ups.

The alternative is a rental market that serves no one – except perhaps the egos of idealistic MPs and misguided and ill-informed tenant activist groups.

Until next time,

The Landlord Crusader