A national conference, RHE Global’s Housing 2026, could not have been more topical. The event was well-timed because the Renters’ Rights Act, which will give private rented sector tenants greater security of tenure in England and aims to improve the often below standard conditions in which they live, is now close to coming into force.
It could come to be seen as a milestone in a policy area that has yo-yoed between the ideologies of the two major parties since 1945. But only if it succeeds.
The act will be deemed successful if it protects tenants and improves housing standards while not causing the landlords’ flight from the private rented sector that has been warned of by their representative bodies. If those things are the case, the RRA will enjoy longevity and attract bi-partisan support.
Failure could be, well – very bad. The UK has created a toxic tenure pattern under successive governments – increasingly inaccessible owner occupation, vestigial social renting and expensive and insecure private renting. If small landlords do leave the PRS en masse, because of the act, already stretched services could be overwhelmed by homelessness. Meanwhile, lower-tier tribunals already clogged with work could buckle under the weight of new cases, leading to even lengthier and expensive delays both for landlord and tenants.
There is a great deal at stake.
End of no-fault eviction
Let’s not be pessimistic or apocalyptic. The abolition of no-fault eviction for controlled tenancies has been long fought for and almost universally welcomed. Lobbyists have sought, in England, a central register or database of landlords for decades; we now have one – and it could provide a gateway, ultimately, to a passport-style system of landlord licensing. Housing campaigner Kwajo Twenoboa reminded the conference that you need a licence to drive a car, but not to be a landlord and he pointed out: “It’s easier to become a landlord than to open a chicken shop”.
The act contains a welcome duty to enforce (with the caveat that imposing a civil penalty of £7000 on an otherwise co-operative landlord simply for not producing a document by a required date could be counter-productive).
Speaker Linda Selvy-Cobb, principal manager of DASH Services, welcomed the profile that the RRA has given to housing enforcement within local authorities. But awareness of the act among landlords, tenants and the general public is low. The Government has not seen fit to publicise the new law very widely, putting the onus on councils to do so.
There are also loopholes. Lettings agents – currently gate keepers for the most vulnerable – remain in a shocking void of unaccountability. The worst are deaf to tenants’ concerns and, through negligence, can incur life-changing penalties and liabilities for landlords.
The new legislation has introduced a welcome ombudsman for private tenants, but the service fails to cover tenants in temporary accommodation in the PRS. Both failings could be corrected by secondary legislation or private member’s’ bills.
Need for regulatory discretion
Critics of the RRA point out that, from 1 May, EHOs will have powers to award significant civil penalties to landlords, while the legal underpinnings of the act will only just have come into force. Some landlords are going to say: “I didn’t know anything about this”. The National Residential Landlords Association called for at least six months of preparation time between the publishing of final regulations and the law coming into force. The measure was not adopted. In the absence of a period of grace, it will be up to councils to educate and motivate landlords and to enforce fairly, to avoid accusations of ‘penalty farming’.
Older EHOs will remember New Labour’s Enforcement Concordat of 1998 and the Regulators’ Compliance Code of 2008. Both urged a ‘light touch’ and the use of enforcement only as a last resort. They may wonder how this aligns with RRA’s duty to enforce.
Legal expert and former head of public protection and strategic director, Tim Everett, reminded delegates that there are fashions in enforcement culture. He said that stretched resources mean that a light touch would now be regarded an unaffordable luxury by most local authorities. He urged councils to adopt a single enforcement policy covering all of their regulatory services, as the best way to avoid successful challenges in courts and lower-tier tribunals.
Bonanza for lawyers
In designing a rational housing system, no-one would start from where we are now. Conference speaker Suzanne Smith, a small landlord and legal expert who has written a lay person’s guide to the RRA, aptly described housing law as a “mutant layer cake”. Successive governments have alternately stripped away or added protections for tenants.
Those adding them have not repealed previous law (limited Parliamentary time and five-year Parliamentary terms don’t allow that). Consequently, we now have the RRA while sections of the Protection of Eviction Act of 1977 and the Housing Acts of 1985, 1988 and 2004 remain in force; legal remedies are available through civil penalties, lower-tier tribunals and county courts. It’s a mess.
The result is that no-one feels on secure ground when defending their legal rights. It’s a bonanza for housing lawyers, ambulance chasing solicitors and pop-up legal ‘experts’ promising fortunes to new entrants to the rental property market if they pay for expensive advice.
On the other hand, extensive evidence bases, the science of risk-assessment and AI-assisted algorithms were not significant factors in drawing up previous watershed acts affecting PRS tenants, in 1957, 1965 and 1988.
This underpinning could help to make the RRA robust and long-lasting, as could the government’s policy objective to bring the totality of rented housing under a common framework of standards, protections and rules, over the next decade.
Goal of tenure neutrality
Given the history of housing legislation, it is perhaps surprising that the RRA is as coherent as it is. Luke Spanton, head of cross-tenure standards at MHCLG, who spoke at RHE Housing 2026, was a local authority EHO earlier in his professional life. Unusually for a senior civil servant, he understands the ‘sharp end’ – the blend of legal knowledge, nous and pragmatism that make for effective enforcement. This has been reflected in the detail of the legislation and the way that it has been created with the close involvement of practitioners, including RHE Global being commissioned to carry out a major review of the Housing Health and Safety Rating System.
The ambition of the 2026 housing reforms is far-sighted. Underlying the RRA, the Decade of Renewal for social housing, reissued in January, Awaab’s Law, the HHSRS and the new Decency Standard is a desire to move towards a tenure-neutral rented sector, more akin to a European housing system than the UK’s, which, in recent decades, has prioritised the financial well-being of owner occupiers over affordable and secure housing for all. The year 2035, when the Decency Standard will be enforceable in the PRS as well the social rented sector is not an end point, but a way marker towards that ideal.
A mature rented sector would ensure properties covering a spectrum of rent levels. The greatest protection would be in the parts of the sector catering for those with the least choice and the least social and financial capital. That would be the opposite of what we have now – a system in which London councils are spending £5.5 million per day on temporary accommodation and around 1.3 million people are on social housing waiting lists.
Will we get there? Speakers at RHE Housing 2026, commenting at the event’s closing roundtable, were loath to make prophecies. They agreed that we won’t know for a decade or so – hopefully by the time of RHE Housing 2036.
Will Hatchett has been a journalist since 1986 specialising in local government. He was editor of Environmental Health News from 1998 until 2018. The views expressed here are purely his own.
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