Tenants in both private and social housing are to get more powers to challenge their landlords over homes that are “unfit for human habitation” after a Private Member’s Bill won Government support.
From next year tenants in England will be able to force their landlords to remedy problems or hazards that make their home “unfit” and will be able to seek compensation under the Bill introduced by Labour’s Karen Buck. It passed an important hurdle in the Commons and has moved to the House of Lords where it is sponsored by Lord Best, but Government support means that it will almost certainly become law unless Brexit problems result in an early General Election. The Bill will allow tenants to bypass council enforcement teams, some of which have poor records of taking action against rogue landlords. It will also give council tenants an avenue for redress, as local authorities cannot bring cases against themselves. It is being supported by the Residential Landlords Association who say they welcome the fact it places all tenants on an equal footing, while giving tenants greater opportunities to tackle rogue landlords.
Currently, a landlord commits an offence when they fail to comply with a local authority enforcement notice, so they cannot be held responsible for poor conditions unless they have been told to carry out repairs by a council. During the Commons debate, Ms Buck said: “Living in a cold, damp or unsafe home is hell. It damages people’s physical and mental wellbeing. It erodes the income of the poorest households. It impacts on children’s education. The most vulnerable tenants are most at risk of being trapped in substandard accommodation. “There is a huge degree of variability in inspection, notices and enforcement rates by councils. About half of all councils have served none or only one Housing Act notice in the last year.
Newham Council has an active enforcement policy, amounted to half of all notices served nationally and 70 per cent of those in London “This means is that there is a complete postcode lottery on the prospects of councils taking steps – and with the real prospect being that the council won’t do so.”
Heather Wheeler, Minister for Housing and Homelessness: said: “ bill is an important part of our work to raise awareness of this vital issue – that of standards in rented properties.” It is expected to become law in the early part of 2019 and will apply to new tenancy agreements as well as existing social tenancies after a 12-month period.
By Patrick Mooney, editor