Another week and another Newsround let’s see what’s been happening in the news this week. We start off with what has been in the press recently surrounding mould in rented properties.

Gove clamps down on houses with mould

Michael Gove has wasted no time in ordering councils to improve damp and mould problems within the PRS. This is following the devasting death of the toddler Awaab Ishak as a direct result of mould in his rented home.

This no doubt will go down in history as a massive failure on the part of Landlords.

LandlordZone reports that he has written to chief executives and council leaders telling them to provide assessments and action plans where damp and mould issues within their areas fall into categories 1 & 2 of the HHSRS. He goes further to ask for evidence from the council’s past checks and asks how many have been rectified and how many times they have taken enforcement action via civil penalty notices or prosecutions.

He goes on to say

I would also like you to set out how you are prioritising enforcement of housing standards more generally in your authority, across all tenures, including what plans you have to ensure adequate enforcement capacity to drive up standards in the private rented sector.

It is vital that we all learn from the events that led to the tragic death of Awaab, and my officials and I look forward to working collaboratively with you to improve standards for renters across the country and across all tenures.

The Government is currently reviewing and updating the housing health and safety rating system and looking into whether tenants are to blame in any way or contribute to damp and mould in a property.

Tenants need to ‘do their bit’ as well

Landlords are stuck between a rock and a hard place when it comes to mould issues, and it looks like the government now acknowledges this is as it is set to be addressed in new government guidance. Councils doing inspections will be formally instructed to now look into the tenant’s behaviours and habits where there is a lot of damp and mould present in a property. They will look at if it is ignorance on the tenant’s part or the desire for them to reduce carbon emissions.

This comes as the government update the HHSRS, part of the Decent Homes Standard which has not been updated since 2006. You can read more here.

Rent rises contributing to homelessness

Landlord Today reports that Crisis is saying that rent increases that are rising at their fastest rate for 16 years are causing a homelessness crisis.

Figures they have released have increased for the number of people who have died that are homeless in England, Wales and Scotland. They are calling on the government to expand the government’s safeguarding scheme so that lessons can be learnt from all of these sad and tragic deaths.

The Chief Executive of Crisis, Matt Downie says

 Our services are gearing up for an incredibly challenging winter, with thousands facing the brutality of homelessness as the rising cost of living pushes them to breaking point. These dire economic times must not lead to more people falling through the cracks and dying needlessly on our streets.

We can stop this before it’s too late. We desperately need more social homes and for the UK Government to invest in housing benefit so it covers the true cost of rents. Only decisive action will ensure everyone has a safe place to call home and prevent more loss of life in the future.

Crisis says that it is preparing for a very bad winter.

Evictions worsen

It seems that the backlog in the courts is only due to get worse, according to the Property Investor Post with high inflation hitting the budget for the Ministry of Justice. Nick Emmerson, vice president of the Law Society, said

There aren’t any more savings to be made in a justice system which is already breaking down after decades of underinvestment. We are faced with a situation where access to justice is needed more than ever but has never been so endangered. In criminal justice, there are huge backlogs in the courts.

Victims’, witnesses’ and defendants’ lives are in limbo as they wait years for justice, with cases listed as far ahead as 2024. Courts are crumbling, dogged by delays, and there are chronic shortages of judges and lawyers as professionals leave this underpaid work in their droves.

He goes on to say that people needing more and more help who are entitled to legal aid, can’t access it. The fear is that it will be left to the government to pick up the pieces, and we all know how that could end. He believes the problem would be solved if the government commit to implementing the increase recommended by the Bellamy review in December 2021.

Landlords must have a ‘plan’ to tackle anti-social tenants

A new licensing scheme in part of Middlesbrough is designed to improve standards and is currently under consultation. They are asking local residents, landlords and businesses to comment on the proposed designation of Selective Landlord Licensing in one of their wards. Landlords will have to meet certain requirements such as being a ‘fit and proper person’, providing regular gas certs and proving they have carried out pre-tenancy reference checks. But in addition, they are asking that the landlord will be required to have a plan in place to tackle anti-social tenants.

This is a new initiative, and one wonders how robust and successful a ‘plan for anti-social tenants’ would be? You can read more here.

No private renter is safe – claim

Generation Rent are claiming that the shortage of housing in the rented sector means that no tenant is safe with the PRS and are demanding that the government bring in a rent freeze. They say that with rising rents landlords can evict and re-let to someone else willing to pay the new rent increase. This leaves tenants vulnerable, adding to the cost-of-living crisis. Baroness Alicia Kennedy said at a conference held by London Mayor Sadiq Khan

When rents are rising on new tenancies, no private renter is safe. It is too easy for your landlord to demand a higher rent when they know they can evict you and re-let to someone else who is willing to pay it. People who don’t want to move are being priced out of their homes and forced to compete in this hellish market. And the cost of living crisis is making it even worse.

The government can alleviate rising living costs for renters immediately with a freeze on rents on existing tenancies and suspension of Section 21 evictions so landlords can’t evict simply to re-let at a higher rent.

Jacky Peacock from the Renters Reform has also said

Private renters are among the hardest hit as the cost-of-living crisis deepens.  Most are struggling to pay unaffordable rents for properties that are often in poor condition and hard to heat.

They face the stark choice of huge energy bills or a cold home with all the health risks this entails. Renters were promised a reform of the sector in December 2019.  Three years’ later, they are still waiting. The Government really must take action now.

There were no landlords or anyone representing them at the mayor’s conference. You can read more here.

No doubt, landlords would have told them that rent freezes and eviction freezes will simply have the effect of driving more landlords from the sector, which will just aggravate the problems.  One of the main reason for rent increases is the lack of supply.  This is driving applicants to offer to pay considerably higher rents in order to secure accommodation.

And finally this week we end on some good news for landlords who use agents….

Agents diversifying to support landlords

Agents are going one step further to help and protect landlords against their rental arrears or income disruption. Goodlord and Vouch, two Rent Tech platforms who have carried out some research with shows that 17% more letting agents are purchasing Rent Protection Insurance compared to last year. Oli Sherlock of Goodlord says this shows that letting agents are diversifying themselves to better serve landlords amist the ever-growing economic and legislative challenges.

He says

There was a big uplift in demand for rental insurance products during the pandemic, but this demand has only intensified over the last year. As the economic waters become choppier, agents are quite rightly altering their proposition to support landlords accordingly – loss through non-payment of rent can have major consequences for individuals.

Those that have insurance in place can safeguard against this and ensure they have the support needed to legally and constructively navigate any issues that might arise.

Snippets

• Council tax crisis for HMO tenants averted after Commons statement
• Gove reveals £14m council ‘fighting fund’ to crack down on rogue landlords
• How high will interest rates go?
• House sitting is a great way to travel and save
• Landlord admits it made assumptions about family in mouldy Rochdale flat
• Rishi Sunak faces MP’s rebellion over local housing targets
• Many renters moving to families or friends to save cash – claim
• Fire safety worries lead to prosecution of rouge landlord
• Revealed two causes of most deposit disputes at check out
• Landlord hits the headlines for requiring £72k in income to rent in Ilford

Newsround will be back next week,

The post Landlord Law Newsround #270 appeared first on The Landlord Law Blog.