Abolishing Section 21 is a great first step – but rental reform has only just begun

Houses, of the sort you will never own. Image: Getty.

Change is coming. Soon, private tenants in England will have the security they need to call their rented house a home. The UK government has announced plans to abolish “no fault” Section 21 evictions in England, meaning that landlords will no longer be able to evict tenants without a legitimate reason.

Nearly one in five households in England live in the private rented sector. At present, no fault evictions cause significant insecurity for tenants, as well as negative impacts on mental health and well-being. So an end to Section 21 will have a real, positive impact on millions of households, preventing them from being uprooted at short notice. It could also help to prevent homelessness, since the biggest single cause is the ending of a tenancy in the private sector.

As waiting lists for social housing grow, the private rented sector is accommodating more vulnerable and low-income households, as well as growing numbers of families with children. Yet research shows that insecure tenancies aren’t the only challenge facing private tenants. Poor quality and unaffordable housing remain key concerns, right across the UK.

A state of disrepair

The latest government statistics show that one in four privately rented houses in England did not meet the government’s own standards for decent homes. This means that around 1.1 million private renters are living in homes which contain dangerous hazards, are not in a reasonable state of repair, or lack suitable heating.

With Section 21 in place, tenants are vulnerable to “revenge evictions” if they complain about poor conditions in their homes. Citizens Advice found that tenants had a 46 per cent chance of being served a Section 21 notice if they complained to the local council about their landlord.

Ending Section 21 should give tenants more confidence to speak out against dangers, without the threat of losing their home. But this will depend on whether councils have the funding needed to enforce standards and compel landlords to carry out repairs.

Historically, enforcement has been a postcode lottery and landlords are rarely prosecuted. In the context of austerity, where local councils have seen spending cuts of up to 40 per cent since 2009-10, there’s little to indicate that more consistent enforcement will be possible.


Rent controls and reclamation

Tenants also face issues of affordability; particularly vulnerable, single parent families and low-income renters. This issue has worsened due to the housing benefit freeze, which has kept allowances at the same rate since 2016, while rents have continued to rise, meaning families are facing considerable hardships.

Even with the reforms to Section 21, it would still be possible for landlords to take advantage of affordability issues, and unreasonably increase the rent to force tenants out of their home. Appropriate safeguards must be in place to stop this from happening.

Rent stabilisation measures – like those in place across much of Europe – are one solution. These measures, which can restrict when rent can be increased, or by how much, are even supported by nine out of ten landlords in England and Wales.

Reforms need to be introduced carefully, to minimise any unintended consequences. For example, landlords might become more risk averse, which could lead to greater discrimination against tenants who claim benefits. Or, they could decide to let their property on Airbnb instead.

So the government’s proposed reforms to the court process and Section 8 are vital, to give landlords confidence that they can reclaim possession of their property quickly, for legitimate reasons. This will help to ensure that good landlords have the support needed to continue letting out safe and secure homes.

Learning from Scotland

Clearly, ending Section 21 is only the first step on a long path of reforms needed to modernise the private rented sector. But English lawmakers can look to Scotland for a good example of how to tackle all the different challenges facing the private rented sector in a joined-up way.

There, all new private tenancies since December 2017 are “private residential tenancies”. They are open-ended, meaning the tenant can remain in the property as long as they wish, unless the landlord uses one of the 18 grounds for eviction, such as wishing to sell the property. When this happens, the amount of notice required varies depending on how long the tenant has lived there and the grounds for eviction used.

Rent increases are restricted to once a year, and can be referred to a “rent officer” to adjudicate. Local authorities can also apply to the Scottish government to limit rent increases in specific areas.

Private tenants can take complaints to the new housing tribunal for free, without needing a solicitor to represent them. It is designed to be less adversarial than the court process. Among its many powers, the tribunal can serve a Repairing Standard Enforcement Order on landlords, which specifies work the landlord must undertake to ensure the property meets the “repairing standard”.

Though these reforms are still in their infancy, and by no means perfect, they show how security of tenure is only one element of a modernised sector. Other parts of the UK would do well to learn from the different approaches, all while collecting evidence on what works, sharing experiences and supporting tenants and landlords to understand their new rights and responsibilities.

Ending the “no fault” ground for eviction is vital for tenants to be able to put down roots, feel settled and make their private rented property a home. But reform can’t stop there.

The Conversation

Tom Simcock, Research Fellow, Edge Hill University and Kim McKee, Senior Lecturer, Social Policy and Housing, University of Stirling.

This article is republished from The Conversation under a Creative Commons license. Read the original article.

 
 
 
 

Here are my five favourite London council estates

The Dunboyne Road estate. Image: Steve Cadman/Wikimedia Commons.

The author is a Labour member of the London Assembly. In the name of impartiality, CityMetric would like to extend the invitation to write similar columns to representatives of other political parties.

From successful post-war efforts to move families out of slums and into modern homes, to today’s efforts to construct a new generation of social housing, there’s much to be celebrated in London’s precious council housing stock.

This year we celebrate the centenary of the Addison Act, which established a national building programme with government funding for the first time. So here – in no particular order – are my top five London estates:

1. Dunboyne Road

In 1965, the newly established London Borough of Camden was bold and radical when it came to public housing. Their architect’s department boasted 98 staff, led by Sydney Cook. The Grade II listed Dunboyne Road (pictured above) was Britain’s first high-density, low-rise estate. Designed in the late 1960s and completed in 1977, it was the first major work by architect Neave Brown.

Its concrete construction and geometric layout are eye-catchingly modernist, but the 71 flats and maisonettes fit neatly into their surroundings; a reimagining of the classic London street for the 1960s. Each has a private terrace and own entrance onto the central pedestrian walkway and communal gardens, with stepped levels and dual-aspect windows creating light throughout.

Neave Brown himself lived on the estate in the final years of his life remarking, “Who am I to say, but it’s beautiful”.

2. Lilington Gardens

Located just off Vauxhall Bridge Road, the fourteen blocks at Lilington Gardens were built between 1964 and 1972. Between three and eight storeys each, it was again a rejection of the tower blocks which dominated the era, showing that mid-rise housing could provide both beauty and density.

Image: Ewan Munro/Wikimedia Commons.

At a time when Westminster could be proud of the quality of its housing, John Darbourne and Geoffrey Darke won a competition to design the new estate. The result was something special, eschewing modernist forms for something more rugged and layered. The layout allows for secluded green spaces, while the red brick cladding echoes the neighbouring Victorian church of St James the Less. Like all good estates, it included a pub – the Grade II*-listed Pimlico Tram (now The Cask). It was included not as an afterthought, but an integral part of the estate’s design.

3. Ossulston Estate

By the early 1950s, the London County Council’s architect’s department was the biggest in the world, building housing on a huge scale in addition to showp iece projects such as the Southbank Centre.

Though their suburban estates – Downham in Bromley, and Becontree in Barking and Dagenham – were pioneering examples of low-rise of modernity in metroland, these efforts did not always suit the needs of poor city dwellers who weren’t able to move further out. The Ossulton Estate, however, built between 1927 and 1931 on the site of a Somerstown slum and located between Euston and St Pancras stations, did exactly that.

Image: Stephen McKay/Wikimedia Commons.

Chief architect George Topham Forrest’s work was inspired by visits to ‘Red’ Vienna and Ossulston bears distinct similarities to Karl Marx-Hof, which was constructed at the same time. While the roofs and windows have traditional elements, the overall aesthetic is a modernist classic. Like many estates in post-war years, it suffered from neglect and a lack of investment, but following a £6m improvement programme by Camden Council in 2004, the Ossulston is now back to its brilliant best.

4. Alton Estate

Roehampton’s Alton Estate, completed in 1959, was designed by a team led by Rosemary Stjernstedt – the first woman to serve as a senior public sector architect in Britain.

The two parts of the estate – East and West – are the crown jewels of British post-war council housing. Alton West was Le Corbusier in Albion: six ultra-modernist blocks modelled on the Unité d’habitation in Marseille, set among the landscape inherited from the Georgian Mount Clare house. Alton East was a softer, Scandinavian-inspired design of the “new Brutalists” in the LCC.

Image: Stevekeiretsu/Wikimedia Commons.

Rising above the trees to the north east of Richmond Park, the Alton Estate stands testament to the visionary idealism of post-war council housebuilding. On its completion, visitors flocked from across the globe, with American critic G.E. Kidder Smith calling it “probably the finest low-cost housing development in the world”.

Sadly, Alton West however is now at risk from ‘regeneration’ proposals which would see 288 existing homes lost. While council estates should not be fetishised, with investment, improvement and expansion encouraged, any change must be done sensitively and with residents’ backing. I hope that Wandsworth Council and Redrow will follow the mayor’s Good Practice for Estate Regeneration and hold a ballot before plans go ahead, and that if they do, they build on Rosemary Stjernstedt’s legacy.

5. King’s Crescent

When it comes to regeneration Hackney Council have taken an altogether different approach to Wandsworth.

Located on Green Lanes opposite the magnificent Clissold Park, King’s Crescent’s route to a successful and well-supported regeneration project hasn’t always been an easy one. The early 1970s estate was blighted by poor construction, navigability issues and an ill-fated partial demolition in 2000 which turned much of the landscape into hoardings and rubble. But thanks to a step-change in resident engagement and a transformation programme funded by Hackney Council, by 2023 it will be host to 765 new and refurbished homes.

Image: David Holt/Wikimedia Commons.

In the era of government-imposed cuts to local authority budgets, councils have to be pragmatic about funding choices and the new King’s Crescent does include homes for private sale. This is understandably a source of some consternation, but it’s also the source of funding which has made the regeneration possible. Hackney has ensured that more than 50 per cent of the new homes are genuinely affordable, with 97 brand new council homes for social rent.

The new developments have greatly enhanced the area, using both new build and renovation to stitch the estate better into its Victorian surroundings. Existing homes have been retrofitted with balconies, while disused garage space has been repurposed for modern flats. Hackney have clearly thought carefully about character and open spaces, as well as ceiling heights, windows and internal storage.

It is an exceptional project – one of a growing number of new schemes now being spearheaded by ambitious councils across the capital. In 2018-19, the Mayor of London funded the start of 1,916 new council homes – the highest figure since 1984-85.


…what about the Barbican?

On the fiftieth anniversary of its opening, it would be remiss not the mention the Barbican. It’s a brutalist masterpiece and a fantastic feat of post-war planning and design. The location and design are clearly outstanding, but it’s the bright and modern interiors which are truly to die for.

So why is it not on the list? Although it was built by the City of London Corporation, not one of the flats was ever available at a social rent. The properties were built to let at market rents to workers in the City, who later found themselves in the fortunate position of being able to snap them up under the Right to Buy – still the fate of far too many of London’s vital social homes.

Tom Copley is a Labour member of the London Assembly.