New fines of up to £7,000 for landlords with hazardous properties may not be enough to curb housing disrepair claims, warns a barrister. Jeffrey Zitron, a specialist in landlord and tenant law, says that the new powers will likely face significant hurdles due to limited council resources and existing complaint routes.
The Government estimates that around 1 in 10 privately rented homes in England contains at least one hazard severe enough to trigger these fines. However, Mr Zitron points out that local authorities may struggle to enforce them effectively, given a history of additional enforcement powers being introduced without sufficient funding.
He highlights a discrepancy in the government guidance, which describes the fines as 'tenure neutral', yet excludes council-owned housing unless managed by an external organisation. While housing associations are covered, councils often direct tenants towards internal complaints procedures and the Housing Ombudsman instead of enforcing against them.
For tenants seeking redress, Mr Zitron suggests that pursuing claims through the Housing Conditions Protocol may remain a more effective route. This protocol outlines structured steps for landlords and tenants to follow before legal proceedings commence, aiming for solutions without court intervention while preserving tenant rights.
Landlords are being urged to maintain comprehensive records of property construction, materials, and fittings to reduce the need for contractors' initial visits. They should also prioritise planned maintenance and be prepared to expedite work when serious problems persist, ensuring contractors provide proper notice, attend appointments promptly, and communicate effectively throughout the repair process.
Mr Zitron advises landlords to consider the broader costs of only performing minimal repairs, advocating for a more comprehensive approach to property maintenance rather than viewing repairs solely as a compliance exercise.