New fines for landlords could backfire

Three weeks ago, councils in England were granted new powers to fine landlords up to £7,000 for serious hazards in rented homes under the Renters' Rights Act. The Government estimates that one in ten privately rented properties has at least one significant hazard. While these new rules are seen as a turning point for tenants awaiting repairs, barrister Jeffrey Zitron of The Barrister Group Chambers remains sceptical about their effectiveness. He argues that the enforcement of these fines might not see significant changes to housing disrepair claims, suggesting, "Probably not, for at least three reasons."

One significant issue is that the new fines are tenure neutral but do not apply to a council's own housing stock unless managed by a third party. Housing associations are affected, but guidance appears to discourage councils from taking action against them, steering tenants towards internal complaints and the Housing Ombudsman instead. Zitron points out that many housing disrepair claims arise from a lack of confidence in these alternative routes, stating, "Given that many Housing Disrepair claims are launched because tenants don't have confidence in those other routes, that may not change much."

Moreover, there is a longstanding tradition among successive governments of granting councils new powers without providing the necessary funding for enforcement. Zitron notes, "Experience of enforcement of historic disrepair legislation suggests this may be an issue." This raises questions about whether councils will effectively use their new powers or if it will become just another layer of regulations without real impact.

On the other hand, the Housing Conditions Protocol remains the primary route for most housing disrepair claims. Zitron elaborates, "It may seem perverse to suggest that going down a route which may end up in court could be a relatively quick one." However, he emphasises that the Protocol is designed to facilitate solutions without court action while giving landlords the opportunity to address issues promptly.

For landlords, proactive measures remain crucial in this evolving landscape. Zitron offers key advice: maintain accurate records of properties, ensure effective communication with contractors, provide proper notice for visits, and take a customer-centric view in repairs. He concludes, "Whether it's council enforcement or a Housing Disrepair claim, planning, good communication and fleet-of-foot responses are the best way of minimising distress for tenants and unnecessary costs for landlords."

While the new fines may be a stride towards better housing standards, the practical implications for tenants and landlords alike depend largely on how these powers are implemented and the responsiveness of local councils. The prospect of ongoing housing disrepair claims remains high, indicating that swift action from landlords is critical to avoid both fines and litigation amidst this uncertain enforcement landscape.