“Enforce the laws we have before creating new ones”: why landlords object to plans for longer tenancies

Residential letting signs in Selly Oak, Birmingham. Image: Getty.

The policy director of the Residential Landlords Association writes.

Growing numbers of families and older people are now living in private rented housing – groups which want to be able to put down roots in the communities in which they live.

The challenge is to ensure the sector can offer longer tenancies to those that want them while retaining the flexibility that others need to access new work and educational opportunities, and also continuing to attract the investment needed to provide these homes.

The English Housing Survey shows that private sector tenants are, on average, living in their homes for almost four years, increasing to 17 years for those aged 75 and above. So the longer tenancies demanded are a reality for many.

Some 10 per cent of tenants in private rented housing have moved because their landlord provided a notice to regain possession of a property, while 3.5 per cent said it was because their property was in poor condition. This is distressing for those tenants – but this does not suggest that many landlords are looking for reasons to get rid of their tenants.

The opposite is true, as landlords prefer stable tenancies than having to be constantly looking for new tenants. Just 1.2 per cent of those in the sector who had moved home in the last three years said it was because they could not afford the rent.

In spite of these statistics, we recognise that tenants have to live from tenancy to tenancy and have a perception of insecurity which we need to tackle. The question is how best to achieve this in a way that works for both tenants and landlords.

As a start, we need to ensure the law works better. Some argue that tenants cannot complain about property conditions because of the threat of eviction using Section 21 powers, the so-called no fault eviction. Councils already have the powers to ensure that this does not happen. What they lack are the resources to properly use them to protect tenants from the minority of landlords who should be rooted out altogether.


Simply getting rid of Section 21 notices would still leave councils under resourced and will not improve property standards. We need to enforce the laws we have before we create new ones which we then fail to enforce.

Longer term tenancies also require much swifter access to justice when something goes wrong. Landlords should rightly have the ability to repossess a property if a tenant is failing to pay their rent or committing anti-social behaviour. The process for doing so is long and difficult and needs to be speeded up if landlords are to have the confidence to grant longer tenancies.

That is why the discussion about longer tenancies need to be linked to the establishment of a new housing court. Tenants and landlords should rightly expect a system that is able to swiftly and effectively respond in the minority of cases where things go wrong. The attention devoted to the removal of Scotland’s equivalent of the Section 21 notice ignores the fact that this came well after the introduction of a new housing court.

We need also to decide how to implement longer tenancies. The government proposes a number of models. One makes a three-year tenancy the default position by law. This would be complex as it requires trying to establish every possible scenario in which a tenant might not want such an agreement, such as students, and how that would work.

The alternative, which we support, is the use of financial incentives. In much the same way as the Treasury taxes sugar and some cars to change behaviour, why not do the same with the private rented sector? Indeed, 63 per cent of landlords have told the RLA that tax relief would encourage them to offer a longer tenancy.

The rental market is changing: it’s still made up largely of young people, but it is becoming more diverse. These groups have different needs and the rental sector needs to retain flexibility in order to meet them. A one size fits all model will not work.

David Smith is policy director for the Residential Landlords Association. It tweets @RLA_News.

 
 
 
 

CityMetric is now City Monitor! Come see us at our new home

City Monitor is now live in beta at citymonitor.ai.

CityMetric is now City Monitor, a name that reflects both a ramping up of our ambitions as well as our membership in a network of like-minded publications from New Statesman Media Group. Our new site is now live in beta, so please visit us there going forward. Here’s what CityMetric readers should know about this exciting transition.  

Regular CityMetric readers may have already noticed a few changes around here since the spring. CityMetric’s beloved founding editor, Jonn Elledge, has moved on to some new adventures, and a new team has formed to take the site into the future. It’s led by yours truly – I’m Sommer Mathis, the editor-in-chief of City Monitor. Hello!

My background includes having served as the founding editor of CityLab, editor-in-chief of Atlas Obscura, and editor-in-chief of DCist, a local news publication in the District of Columbia. I’ve been reporting on and writing about cities in one way or another for the past 15 years. To me, there is no more important story in the world right now than how cities are changing and adapting to an increasingly challenging global landscape. The majority of the world’s population lives in cities, and if we’re ever going to be able to tackle the most pressing issues currently facing our planet – the climate emergency, rising inequality, the Covid-19 pandemic ­­­– cities are going to have to lead the way.

That’s why City Monitor is now a global publication dedicated to the future of cities everywhere – not just in the UK (nor for that matter just in the US, where I live). Our mission is to help our readers, many of whom are in leadership positions around the globe, navigate how cities are changing and discover what’s next in the world of urban policy. We’ll do that through original reporting, expert opinion and most crucially, a data-driven approach that emphasises evidence and rigorous analysis. We want to arm local decision-makers and those they work in concert with – whether that’s elected officials, bureaucratic leaders, policy advocates, neighbourhood activists, academics and researchers, entrepreneurs, or plain-old engaged citizens – with real insights and potential answers to tough problems. Subjects we cover include transportation, infrastructure, housing, urban design, public safety, the environment, the economy, and much more.

The City Monitor team is made up of some of the most experienced urban policy journalists in the world. Our managing editor is Adam Sneed, also a CityLab alum where he served as a senior associate editor. Before that he was a technology reporter at Politico. Allison Arieff is City Monitor’s senior editor. She was previously editorial director of the urban planning and policy think tank SPUR, as well as a contributing columnist for The New York Times. Staff writer Jake Blumgart most recently covered development, housing and politics for WHYY, the local public radio station in Philadelphia. And our data reporter is Alexandra Kanik, whose previous roles include data reporting for Louisville Public Media in Kentucky and PublicSource in Pittsburgh, Pennsylvania.

Our team will continue to grow in the coming weeks, and we’ll also be collaborating closely with our editorial colleagues across New Statesman Media Group. In fact, we’re launching a whole network of new publications, covering topics such as the clean energy transition, foreign direct investment, technology, banks and more. Many of these sectors will frequently overlap with our cities coverage, and a key part of our plan is make the most of the expertise that all of these newsrooms combined will bring to bear on our journalism.

Please visit citymonitor.ai going forward, where you can also sign up for our free email newsletter.


As for CityMetric, some of its archives have already been moved over to the new website, and the rest will follow not long after. If you’re looking for a favourite piece from CityMetric’s past, for a time you’ll still be able to find it here, but before long the whole archive will move over to City Monitor.

On behalf of the City Monitor team, I’m thrilled to invite you to come along for the ride at our new digs. You can follow City Monitor on LinkedIn and on Twitter. If you’re interested in learning more about the potential for a commercial partnership with City Monitor, please get in touch with our director of partnerships, Joe Maughan.

I want to thank and congratulate Jonn Elledge on a brilliant run. Everything we do from here on out will be building on the legacy of his work, and the community that he built here at CityMetric. Cheers, Jonn!

To our readers, on behalf of the City Monitor team, thank you from all of us for being such loyal CityMetric fans. We couldn’t have done any of this without you.

Sommer Mathis is editor-in-chief of City Monitor.