Since 2001 the Law Commission has been working on a project to simplify housing law. This project, which is being led by Professor Martin Partington CBE, should eventually result in new legislation being brought in on housing tenure which will effectively sweep away more than 100 years of previous housing laws.
Eventually is perhaps the key word here as, not being of the highest priority on the government’s agenda at the moment, it is unlikely to receive enough attention for a speedy passing through the house.
According to the Commission “A third of the population of England and Wales – six million households – rent their homes. The law governing their relationship with their landlords is an irrationally complicated mess. This project seeks to replace it with a modernised, understandable, and just legal structure.â€?
On 5 May 2006 the Commission published its report – Renting Homes: The Final Report (Law Com No 297).
Volume 1 explains recommendations. There is an illustrative model secure contract and standard periodic contract.
Volume 2 contains the draft Rented Homes Bill.
A summary and press release are also available.
The Commission is recommending a much simplified system of housing law: basically two forms of contract for tenants: secure and standard contracts which would replace the present the present “multiplicity of tenancy and licence types�.
The Commission argues that landlords and occupiers would benefit from:
• Identical contracts for council and housing association tenants
• Improvements to council and housing association tenants’ rights;
• Government approved model contracts to make private renting easier, cheaper and more flexible.
• A clear and practical legal framework for supported housing.
The Commission’s recommendations would allow for the abolition of:
• secure tenancies
• assured tenancies
• assured shorthold tenancies
• introductory tenancies
• demoted tenancies
• various varieties of common law tenancies
Only one major existing form of tenancy would not be abolished – Rent Act tenancies, but there would be powers for the Government to do so.
You can still have your say on this important piece of proposed legislation which will no doubt have far reaching implications for landlords.
Solicitor Tessa Shepperson has now produced in association with the Law Commission an online answer form to allow landlords to respond to this easily. The form can be found either by navigating to the Law Reform section of the Landlord-Law site or via the special url www.law-reform.co.uk.
All responses will be forwarded to the Law Commission when the consultation period ends on 11 July 2006, and at that time a summary report of the responses received will be compiled and published on the Landlord-Law site.
Tom Entwistle, Editor, LandlordZONE
