RLA : Lobbying Summary

Residential Landlords Association Lobbying Summary

The major success has been the work undertaken by the RLA in connection with the Housing Act 2004.

RLA took the lead on behalf of all landlords throughout England and Wales and it has been the one association that has been able to significantly influence the outcome. RLA has softened the impact and made it more palatable.
The most significant change was to establish the right to receive rent.
The Government was persuaded to drop the idea that if a property could not be licensed then, effectively, it had to be sold.
RLA was invited to attend the Select Committee. RLA met with the ODPM civil servants and the Bill lawyer. Changes were made to the draft Bill as a result.
The very wide ranging powers for LHAs to demand information were dropped as a result of the RLA representations.
Many of the amendments tabled in the House of Lords were prepared by the RLA and we worked on the Government to accept these amendments.
Section 73(3) of the 2004 Act reverses the Common Law Rule regarding illegal contracts. The RLA was the only Landlords Association who had a lawyer actively working with Government lawyers throughout the Bill’s passage in the House of Lords. The RLA ensured that there was a let out on this issue for landlords, particularly those who were not aware of the need to obtain a licence. The RLA’s Solicitor took the lead in negotiating this whole compromise on behalf of landlords.
Other changes achieved by the RLA were the substitution of the word “must” for “may” in Section 64(1) of the Act. This was a fundamental concession by the Government which took months of hard work. It now means that a local authority cannot use other factors (e.g. planning issues) to refuse a licence.
The RLA were able to make it harder to prosecute a landlord who unknowingly allowed excessive numbers to reside in a property which would mean it would need a licence but was unlicensed.
We changed the Government’s idea that a property was once an HMO it could never cease to be an HMO.
It was the RLA’s idea which the Government accepted to delay its original implementation date of November.
The RLA has been heavily involved in the consultation process regarding the implementation of a tenancy deposit scheme. We have made many representations regarding detailed implementation.

Current issues concerning landlords:-

Main areas of Government Policy

Issues relating to the implementation of licensing under the Housing Act 2004
Amenity Standards for HMOs especially the requirement for wash hand basins in shared houses and the level of amenity standards for bathrooms/wcs.
The forthcoming consultation regarding self contained flats and issues surrounding the definition of “flat”.
Tenancy Deposit Scheme.
The Law Commissions proposed standardisation of tenancy terms.
The roll out of the Local Housing Allowance.
Tax on residential property investors, especially Capital Gains Tax issues.
Issues concerning any expansion of licensing (as has occurred in Scotland).
Implementation of Housing Health and Safety Rating System.
Data Protection issues.
Energy Conservation.
Building Regulations.
Implementation of the Regulatory Reform Fire Safety Order and associated enforcement issues.

Where we want the PRS to be in 10 years time and steps to improve image

To raise the standards of the Private Rented Sector through self regulation
To improve its image to ensure that it becomes more professional.
Training for landlords and agents.
Ensure minimum standards of management.
To recognise the Private Sector as an important source of housing with ease of access
To improve the tax regime

The steps which have been taken to achieve this on the part of the RLA are

introduction of a Code of Conduct
working with local authorities to promote accreditation schemes
RLA Registered Members Scheme
RLA Corporate Members Scheme for Letting Agents.
RLA’s PR activity promotes the Sector to counterbalance the tenant’s voice.
In Parliamentary affairs, we have retained expertise to back up submissions to Government and a director chairs the BPF Residential Committee.

Achievement of these goals is largely by measured perception. We use surveys of members and other landlords - generally by email and web.

Feedback and Representation

Contact the RLA about issues that affect you or to share your views on current legislation – lobby@rla.org.uk

Read the RLA's guide to dealing with unlicenced HMOs

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