Modernising Regulatory Services – Today Tomorrow and in

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“Regulating Standards in the
Private Rented Sector”
South East London Housing Partnership
Workshop
30 Nov 2007
Richard Tacagni
Head of Function (Housing)
[email protected]
Aim of workshop
• To highlight the range of powers available in respect of
private sector housing
• To help you identify local solutions to local issues
• To ensure each council’s strategic housing role is at the
heart of their sustainable communities plan
Understanding local housing issues
• Adopt a cross-tenure approach
• Establish a robust evidence base
• Consult and involve all stakeholders - local residents
and resident associations, private landlords, letting
agents, RSLs, police, fire and rescue service, housing
advice agencies, community/voluntary groups…….
• Develop a comprehensive private sector housing
strategy
Creating a balanced approach
• Supporting private landlord and letting/managing agents
through:
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Offering advice and support
Landlord forums
Landlord newsletters
Training events
Voluntary accreditation schemes (e.g. London Landlord
Accreditation Scheme)
– Engaging with local landlord/agent associations
Creating a balanced approach
• Supporting private tenants through:
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Offering advice and support
Publicising tenants’ rights
Responding to service requests
Supporting/developing cross-tenure tenants/residents
associations
– Understanding tenants needs and aspirations
**** Important ****
We need to recognise:
• Resource allocation can restrict options available; and
• Landlords’ property portfolios are not limited to council
boundaries
So:
• Wherever possible, achieve economies of scale and a
consistent professional service by adopting a subregional or pan-London approach
So what about enforcement?
• Councils need to taking appropriate action to tackle
rogue landlords/agents – powerful toolkit of options now
available
• Options include:
– targeting individual properties and/or
– an area based approach
Targeting individual properties
• Housing Health and Safety Rating System (HHSRS) –
new risk based approach which addresses health
impact associated with poor housing (Part 1 HA04)
• It offers a range of sanctions from informal action
through to emergency prohibition
• Normally used in response to tenant complaints but can
be used more proactively
Targeting individual properties
• Overcrowding is becoming a bigger problem
• Need to establish cause of the problem
– landlords letting overcrowded accommodation to maximise
profit?
– tenants allowing family and friends to move in? or
– tenants sub-letting to help reduce the rent?
• Enforcement options need to suit the circumstances –
informal warning, or (suspended) prohibition orders
Targeting individual properties
• Mandatory HMO Licensing applies to multiple occupied
properties on three or more storeys, with five or more
people, in two or more households (Part 2 HA04)
• Landlords failing to comply risk fines of up to £20,000,
rent repayment orders and the council can take over the
management of the property
• But …… councils must take proactive action to identify
unlicensed HMOs
Targeting individual properties
• Special Interim Management Orders enable the council
to take over the management of individual properties
when linked to significant and persistent problems of
anti-social behaviour (s103 HA04)
• Useful tool as part of an effective multi-agency
approach
• Can bring huge benefit to local communities blighted by
serious anti-social behaviour
An area based approach
• Additional licensing areas – licensing can be extended if
a significant proportion of HMOs are being managed
ineffectively and are causing problems to the tenants
and/or local residents (Part 2 HA04)
• Schemes require approval from Communities and Local
Government and can last up to five years
• Should form part of multi-agency approach to tackling
the problem – licensing itself is not the whole solution
An area based approach
• Selective licensing areas – licensing can be extended to
all private rented properties if the area is being blighted
by serious anti social behaviour and/or low demand
(Part 3 HA04)
• Schemes require approval from Communities and Local
Government and can last up to five years
• Such schemes should only be considered as a last
resort once all other options have failed to address the
problem
Increasing housing supply
• Important that council’s adopt an effective empty homes
strategy
• Increasing housing supply will reduce pressure on the
existing housing stock. Long term empty homes can
also have a detrimental effect on local communities
• Empty Dwelling Management Orders (Part 4 HA04)
provide councils with a new option, but they won’t fit
every case. Many other options also available
Conclusion
• Private sector housing is an important component of
sustainable communities
• Councils have a wide range of housing powers but need
to avoid a ‘one size fits all’ approach
• Councils should pick and choose from the tool-kit of
options, to develop a effective strategic approach
• Need to consider the resource implications if taking on
new initiatives