Introduction
Ambitious reform, and resources, are necessary so that all three housing sectors – homeownership, the social rented sector and the private rented sector (PRS) – become accessible, affordable and safe. These sectors cannot be considered in isolation from one another. The proposals to enhance the rights of renters and homeless applicants considered in this chapter will be of limited practical benefit without measures to significantly increase the availability of all forms of housing, considered in Chapter 6.
The core value of any Labour programme for housing and law reform should be a commitment to housing as a human right. This would mean that Labour will respect and implement Article 11 of the International Covenant on Economic, Cultural and Social Rights: ‘[T] he right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.’
The rights we propose are meaningless if they cannot be enforced. The legal aid sector is in a crisis of sustainability and Law Society research shows that 26 million people do not have access to a local legal aid housing lawyer. This chapter concludes with proposals to significantly increase the availability of advice and representation for people experiencing housing issues.
Private rented sector
After 40 years of little or no regulation of the PRS, the government published, on 17 May 2023, the Renters’ (Reform) Bill, implementing its pledge to abolish s.21 ‘no fault’ evictions four years after having committed to do so. At the time of writing, the Bill had (on 15 May 2024) passed its Second Reading in the House of Lords. It is now doubtful when it will come into force owing to amendments from Conservative MPs, which have been accepted by the government, and which postpone implementation until the Lord Chancellor has assessed the operation of the process for obtaining possession orders in the County Court. Abolition of s.21, along with the establishment of a PRS Ombudsman and a database for residential landlords are welcome and we support them. However, a number of the new mandatory grounds for possession are open to abuse.