“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.

 
 
 
 

Canada’s gay neighbourhoods are struggling. Can queer pop-ups plug the gap?

Vancouver. Image: Getty.

Queer life was highly visible in Western Canada last year. In May, Vancouver declared 2018 the “Year of the Queer,” celebrating decades of service that the city’s cultural organisations have provided for lesbian, bisexual, gay, transgender, queer and two-spirit (LGBTQ/2S) people across the region.

Yet 2018 also saw the loss of multiple queer venues and gay bars. While economic forces, such as rapacious gentrification are part of the story and struggle, our research shows that something creative and generative is happening in the city as well.

In the face of changing urban landscapes, economic hardships, and more straights moving into historically gay neighbourhoods, queer pop-ups — ephemeral gathering spaces whose impact lingers among revellers long after the night is over — now play a large role in the fight for LGBTQ/2S equality.

Scattered gay places became neighbourhoods

Queer life germinated in “scattered gay places” across cities in North America from the late 1800s to the Second World War. Inside cabarets, bars, theatres or outside in public parks, washrooms and city streets, queers found spaces which could hold and celebrate transgressive sexual connections while also providing respite from daily experiences of discrimination and social exclusion.

After the Second World War, scattered gay places congealed into permanent gay bars and residential “gaybourhoods” in a period anthropologist Kath Weston calls “the great gay migration.” Queer people flocked to urban centres and sexual subcultures flourished in cities like New York, Chicago, San Francisco, Los Angeles and Toronto.

The formation of queer community spaces has always been controversial. Cultural and legal backlashes marred early developments. A host of laws and regulations tried to suppress and contain homosexuality in North America by limiting its presence in the public sphere.

These measures resulted in frequent hostilities, police raids and violence. Queers congregated together not just to find love or community, but to protect themselves, to protect one another and to find refuge. Pride parades, now celebrated worldwide, commemorate these early turf wars.

Pop-ups revitalise queer spaces

Researchers have written a great deal on the cultural and political importance of gay districts in urban centres, and they have grappled with concerns that these areas, along with the establishments they house, are fading.

But innovative urban forms challenge arguments about the death and demise of queer spaces in the city. Our research suggests that queer pop-ups, or temporary cultural gathering spaces, cater to diverse and often marginalised queers.

Some gaybourhoods are dwindling in their residential concentration and gay bars are dropping like flies. But new queer place-making efforts are emerging.

Two of the authors at the queer pop-up in 2018 at East Side Studios in Vancouver. Ryan is on the far left, back row, Adriana is on the far right of the back row. Image: author provided.

Unlike gaybourhoods and gay bars, pop-ups are intentional in how they address persistent, intersectional forms of inequality. Queer pop-ups offer patrons a space to explore non-binary forms of gender and sexual identities, and especially a place to experience collective effervescence among queer people of colour, and femme lesbians.

Some pop-ups create environments that are explicitly trans-inclusive, consent-focused, and sex-positive. Pop-ups are not panaceas for queer life. Pop-ups can also be places where issues around socioeconomic status, gender identity and expression, and racial inequality are called out.

Yet these spaces directly and indirectly encourage dialogue on inequalities within the queer community, conversations that help produce safer spaces for marginalised queers to find each other and forge enduring queer consciousnesses.

Turf wars

Queer pop-ups show similar trajectories of infighting and compromise that the LGBT social movement encountered from the late 1970s through the early 2000s when trying to forge a collective consciousness, gain social visibility and win legal rights.

These turf wars, expressed as contests over space and inclusion, are generally sparked over three perennial concerns: privilege, race and gender. One interviewee, a 20-year-old self-identified queer, trans person of colour (QTPoC), who spoke about Vancouver’s gay district told us:

“I tend to avoid the gay bars on Davie [because] a lot of the gay bars there have now been taken over by cis-gender, heterosexual people. I’ve [also] heard from a lot of QTPoC friends that they are often uncomfortable going to gay bars on Davie, because it’s usually very dominated by cis-gender, white gay men.”

A 28-year-old white, cisgender, queer male found pop-ups more politically and culturally radical than gay bars. He put it this way:

“It’s very rare that we’ll ever have a conversation about politics [in gay bars]. It’s just about partying and things that we kind of see as very stereotypical portrayals of gay culture: like going out, dancing, drinking, fucking.”

Historically, gaybourhoods have served an important role in the fight for LGBT rights, but they have also developed to cater to a specific cis-gender, white, middle-class, male sensibility. One 30-year-old, white, trans DJ put it bluntly, “the mainstream scene is just not welcoming to trans people, in my experience,” adding that verbal transphobic harassment is common in the streets of Vancouver’s gaybourhood.

At Vancouver Pride this year we were reminded of this schism at a local pop-up event. “Gay men won’t come here, it’s too trashy,” shouted a white Australian lesbian playfully to friends over loud music. We were at Eastside Studios, a large warehouse turned into the newest collaborative queer venue in Vancouver.


The comment was striking because it highlights the visible bifurcation occurring in queer life and queer consumption in Vancouver. Many gay men tend to patronise businesses and events in the West End, Vancouver’s official gaybourhood; whereas, other members of the LGBTQ community are scattered across the city at events and venues that are far less permanent. Eastside Studios attempts to break through the homonormative bent some gay bars perpetuate. It is a space that generously houses some of the struggling pop up events who lost space to gentrification in Vancouver’s out of control rental market.

Historically, pop-ups arose as the first signs of urban sexual transgression. They continue to emerge as spatial innovations which nurture transgressive queer diversities that do not have space or representation in the gaybourhood. Weekly social media blasts via Facebook or Instagram and word-of-mouth dissemination play an important role in linking queers around the city to these events. Pop-ups take different tones and establish different vibes among patrons. Collectively, pop-ups highlight the many important projects local queers are undertaking to increase the plurality of what queer life looks like and how it is expressed.

Struggles for equality

Marriage is the leading story in many headlines these days, but queer struggles for equality were never only about relationship recognition or acceptance into the mainstream.

Queer struggles are also fights to resist oppressive normativity, to end racial inequality and white supremacy, to end sexualised violence, to reconcile generational traumas associated with colonialism.

Continuing these fights is perhaps what makes queer pop-ups unique. Organisers of these events are intentional and responsive to such concerns. They seek to create new worlds that soften the impact of inequalities, both in gaybourhoods and in other parts of Canadian cities as well.

Pop-ups nourish queer lives; they emerge as temporary meeting grounds where diverse, oftentimes marginalised, queers flock for community and collective, momentary release. Here an image from a Man Up pop-up event in Vancouver. Image: Shot by Steph/Facebook/The Conversation.

Many of these spaces are an opportunity for patrons to travel in a re-imagined world, even if only for the night. While not all pop-ups that appear survive, the ones that do matter, fundamentally, because they create spaces that resist heteronormative culture and homonormativity, address intersecting inequalities, assert and anchor queer cultural and political identities, and promote well-being for a wider portion of the community in ways that gaybourhoods used to and have always had the potential to.

Pop-ups nourish queer lives in ways that gaybourhoods and gay bars historically had. They emerge as temporary meeting grounds where diverse, oftentimes marginalised, queers flock for community and collective, momentary release. They allow patrons to dance and comfortably explore the implications of their gender and sexual identities around like-minded individuals. At times they are more than friendly social gatherings, becoming sites where the moral arch of the community is shaped through demonstrations on urgent issues impacting queer lives and the surrounding community.

Queer pop-ups are vibrant locations that work to push forward the unfinished projects of social justice first envisioned during gay liberation.

The Conversation

Ryan Stillwagon, Ph.D. Student, Sociology, University of British Columbia; Adriana Brodyn, Ph.D. Candidate, University of British Columbia; Amin Ghaziani, Associate Professor of Sociology and Canada Research Chair in Sexuality and Urban Studies, University of British Columbia, and D. Kyle Sutherland, PhD Student, Department of Sociology, University of British Columbia.

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