Campaign Update - October 2011

The hottest October for decades is apparently upon us; although by the time that you read this update I am well aware that you may be watching snow falling, or gales gusting beyond your window.  Never-the-less  work goes on in what looks set to be a very busy autumn for policy makers and the NLA team, following an interesting (if not very informative) party conference season.

The party’s over....

The annual whistle-stop tour of political party policy and hyperbole has reached its weary and usually quite welcome conclusion, following a month of debate and cross-examination of a multitude of issues.

The NLA has attended all three of the main parties’ conferences and hosted a panel debate at each. These events, entitled: “Where would we be without UK landlords?” focussed on the increasing role being played by the PRS in the delivery of the country’s diverse housing mix. We were able to draw together leading politicians, housing experts, academics and even the odd celebrity to debate landlords’ contributions to housing and where the future lies for private renting.

All three events were recorded and can be viewed again on the NLA’s website at: http://www.landlords.org.uk/news-campaigns

Landlords are also invited to listen again below, or click through to download the podcast of the entire Conservative Party event:

Outside of the NLA’s fringe meetings the PRS appeared consigned to the periphery of the Government parties’ policy discussions, although Labour Leader Ed Miliband added his voice to the calls for a reduction in VAT for home renovations.

Lord Freud, the Conservative minister responsible for welfare reform, explained the logic behind the introduction of the Universal Credit. However, he failed to actually provide any of the much needed detail behind the proposals. More here: http://www.landlords.org.uk/news-campaigns/news/time-and-budget-wheres-detail

Neither Eric Pickles, Secretary of State for Communities, or Grant Shapps, Minister of State for Housing ,mentioned private landlords in their addresses to conference. While, never one to mince words, Shadow Secretary of State Caroline Flint told the Labour Party conference:

“Under Labour, the private rented sector will be properly regulated, so every family that rents has security and choice.

And we will not ignore that more than a million properties in the private rented sector would not meet the decent homes standard.

It cannot be right that housing benefit continues to go into the pockets of landlords who have tenants in sub-standard properties.

Under Labour.

We will end it.”

Squatting hits the headlines

The NLA has grown increasingly concerned about the tone of the debate concerning squatting and so-called squatters’ rights. As you’d expect, the UK’s largest representative body for private-residential landlords has no great love for squatters as they cause a great deal of financial harm to providers of accommodation.

Currently the debate has been led by those who advocate the criminalisation of squatters, with little actual regard to the rights of property owners. I am sure that most householders and landlords who have fallen victim to squatters would relish the opportunity to see them charged with a criminal offence. But  I am equally sure that the overriding priority for those left unable to access their property is to regain possession as quickly as peacefully as possible.

This is why the NLA has proposed to the Ministry of Justice that they extend the existing powers of the Police to issue ‘Exclusion Notices’. An Exclusion Notice can be issued requiring someone to leave a specified area for a certain period of time.

Under the NLA plan the Police would be able to issue a squatter with an Exclusion Notice requiring them to leave a property immediately, they would also be able to escort them away and prevent their return giving a landlord the opportunity to secure their property.

Appeals could then be handled swiftly by the local Magistrates’ Court, should a legitimate complain arise. Whether the former squatter then faces criminal charges is a secondary issue, provided that the property is returned to its rightful owner.

Tenancy Deposit Protection (TDP) is back in the news

More than four years after the introduction of TDP for assured shorthold tenancies in England and Wales this thorny issue is back at the top of the political agenda in more ways than one.

North of the Border, the Scottish Government is currently inviting bids to run its first schemes next year. Details of the planned schemes are due to be released by the Government in the next few months as part of a public consultation exercise, although considering the legislation allows only custodial schemes and requires that they be made free to the consumer, it remains to be seen what surprises may lay ahead.

Back in Westminster, the Localism Bill has been amended to tighten up the legislation governing TDP in England and Wales in light of several recent court of appeals cases.

The legislation, which has still to complete its passage through Parliament so could still be changed, makes it clear that a penalty can be applied to landlords who protect deposits late and following disputes brought after the end of a tenancy. However, the deadline for complying with the legislation will be extended from 14 days to 30 days following receipt of a deposit. The amendments will also allow judges to use their discretion in penalising landlords who fail to fully comply with the regulations. This is set to mean that landlords who fail to protect a deposit could face a smaller penalty if there  are mitigating circumstances.

The changes are likely to take effect on 5 April 2012, we will update members with further details and confirmation of any changes when they are available.

What’s top of your priority list?

The NLA lobbies on a wide variety of issues on behalf of its members and the wider PRS based on the feedback you provide.

As the devolved administrations get their agendas underway and we prepare for the return of Parliament in Westminster, what are the top five issues you would like the NLA to focus on?