Private Tenants Forum Response to the Private Rented Sector Review January 2016 supported by
Private Tenants Forum response The Private Tenants Forum (the Forum) was established in 2012 and is supported by Housing Rights. The Forum s membership is made up of individuals who have experience of living in the private rented sector. Their personal experience adds to their ability to contribute to the review of the future of the private rented sector (PRS). The aim of the Forum is to encourage tenant participation in shaping relevant legislation, policy and practice in the PRS. Their objectives are: 1. To actively influence legislation, policy and practice in areas relevant to private tenants. 2. To provide a supportive environment for PRS tenants to voice and share views 3. To help create a culture that is committed to the principles of tenant involvement in the future development of the PRS 4. To support and encourage improvement of the PRS The PRS has changed significantly over the last number of years with 21% of households now living in the PRS. The demographics of the PRS have also changed, with more people on low incomes now living in the sector. The Forum hopes that any proposed legislative changes flowing from this review will be clear, comprehensive and fit for purpose. Any new or amended legislation needs to reflect the demands on the PRS as it now stands. Legislation also needs to be strengthened to make the role of the local councils enforcement powers clear and workable. This would in turn build more confidence in the enforcement process. In 2014, the Forum produced their Agenda for Action which is an eight- point plan for improving the PRS, (see Appendix 1). The Forum is encouraged that many of the improvements called for in the Agenda for Action are reflected in the discussion paper. This response reflects the collective thoughts of the Forum and is largely based on the opinions already formed in their Agenda for Action and current developments in the PRS. Q2 Do you agree that further support should be available to tenants living in the PRS? - YES The Forum agrees that further support should be made available to tenants in the PRS. The Forum suggests a number of developments that could be made to enhance the support available: 1
1. Information packs - The first point in the Forum s Agenda for Action is for better information and education to be made available to tenants. The Forum believes that this is the key to ensuring that tenants are made better aware of their rights and responsibilities from the outset of their tenancy. The Forum would like to see the Department making it a requirement for all landlords to provide their tenants with a comprehensive information pack (as is now required in Scotland with a Tenant Information Pack published by the Scottish Government). The Forum would also like the Department to produce any such pack. This should be done in conjunction with key stakeholders, such as the Forum. The information pack should contain generic information such as the right to a rent book, right to notice to quit, but could also tailored information from the landlord/agent on the specific tenancy and property e.g. how to properly ventilate the property. It is important that this responsibility is put on both landlords and agents as many tenancies are now obtained through the services of agents. 1 2. Advice the Forum believes that the ability for tenants to access free independent advice is crucial to any support that is offered. Advice should be available not just at the beginning of a tenancy, but also throughout the lifetime of the tenancy. 3. Independent complaints service - Landlord/tenant disputes can lead to a serious deterioration in the landlord/tenant relationship and even, on occasion, threatened homelessness. Having recourse to an independent complaints resolution service would help both parties to resolve disputes, and help to sustain tenancies. At present, the only recourse available to tenants is through the courts. However, the prospect of having to go to court can be extremely stressful and costly and may not be the most appropriate medium for resolving a dispute. 4. Access scheme the Forum would like to see the NI Private Rented Sector Access Scheme expanded to ensure that more landlords sign up to the scheme, thereby making more PRS properties available. The Forum acknowledges that the scheme already provides accommodation for many people who would otherwise be unable to access the PRS, but feels that much more work needs to be done to widen the scheme and make it more attractive for landlords to sign up to. Q3 Do you agree that further support should be available to landlords operating in the private rented sector? - YES The Forum believes that any support measures put in place for landlords should also apply to agents. In many cases tenants obtain their accommodation through an agent and the agent is often the only point of contact for any problems that the tenant may have. 1 http://www.gov.scot/resource/0041/00413146.pdf and http://www.landlords.org.uk/nla- form/tenant- information- pack- england 2
The Forum feels that the answer put forward in Question 2 is also relevant to landlords/agents. The development of an information pack would also be of benefit to landlords/agents as it would hopefully clearly set out the rights and responsibilities of both them and the tenant. This would provide clarity and protection for both parties and could help to minimise the number of disputes arising. An independent complaints resolution service would also be of benefit to landlords/agents. Again, it would provide a quicker and less costly means of resolving disputes. The Forum would also like to see the Department undertake an ongoing programme of awareness- raising amongst all parties regarding their rights and responsibilities. Q4 Do you agree that the private rented sector should play a role in bridging the identified shortage in housing supply? The reality of the current housing situation in NI today, is that a gap exists in the housing supply and it is being filled by the PRS by necessity. The fact is that with no foreseeable increase in social housing to meet demand and low prospects for many would- be homeowners, the PRS will continue to play a vital role in accommodating people. Therefore, it needs to improve to ensure that it is providing good quality, secure and affordable housing to those who need it. The Forum believes that the main way to address this housing gap is for Government to invest in building more social housing. There is clearly a need for the provision of social housing; with many thousands of people on the social housing waiting list. This is not just a problem in NI, but also across the UK. But unless the PRS is to be the only alternative to the housing crisis the Government needs to seriously tackle the social housing supply problem. The Forum recognises that many people living in the PRS do so out of choice and would like that to be the case for all people entering the PRS. The PRS can offer many benefits including: greater choice of where to live, shared communities, quicker to access. However, due to the shortages in social housing, the long waiting lists and the financial barriers to buying a property, many people are living in the PRS by default. NI, like other parts of the UK, is traditionally made up of a society of owner occupiers. However, many of those people who would traditionally have bought their home are now living in the PRS; as are many people who would normally be residing in social rented accommodation. The PRS needs to be up to the task of meeting these changing demands in order for it to become a real housing sector of choice. The PRS provides a vital role; but it 3
needs to be better regulated and fit for purpose; especially if it is going to continue to fill the housing gap. It is estimated that around 300m was spent in the last financial year on Housing Benefit to people living in the PRS. Whilst the Forum accepts that many people need financial help to cover their rent, it does have concerns that some of this money is being paid to cover the rental charge on properties that are not fit or safe to live in and to some landlords who flout the law in relation to e.g. landlord registration, tenancy deposit protection, due process for eviction. The Forum believes that the public purse is entitled to get good value for money on its outgoings and this can only be achieved by having a PRS that is fit for purpose. Although the PRS is currently bridging the housing gap, the Forum is concerned that there is a real risk that over the next few years, when house sales are bound to improve, that there will be a decrease in the amount of PRS accommodation available. Many 'accidental' landlords are only letting properties at present because they feel that it is not financially viable in the current housing market to sell their properties. Once the market starts to recover, many of these same landlords may well withdraw from the sector, leaving further strains on the social rented waiting list and a possible rise in homelessness. Furthermore, current proposals by the Treasury to cut the tax relief available to landlords may make the sector less attractive leading to fewer professional landlords entering the sector. Therefore, Government cannot just rely on the PRS to continue to provide the level of accommodation that it is currently doing. The Forum calls on the Government to devise a housing policy with real alternatives to the PRS and also to look at new ways of bringing a more stable and long term stream of PRS lettings into the sector. Q5 Would it be appropriate for Government to incentivise growth and investment in the private rented sector? - YES In order to counteract the possible downturn in the levels of PRS accommodation (see Q4) it is essential that Government draws up plans to attract new PRS providers into NI. The Forum believes that this cannot happen without Government incentives. The discussion document recognises that some of the current schemes available have not been successful in NI. It may well be that NI is not an attractive investment and, therefore, Government needs to help and intervene with a realistic strategy to get new providers on board. At the Housing Rights conference 'Fit for the Future?' speakers from England and Scotland showed that it is possible to widen the provision of PRS accommodation beyond the 4
traditional individual landlords. 2 The examples considered at the Conference included PRS accommodation provided by a social enterprise, a housing association and a private housing developer. The Forum would like to see the Government consider what creative solutions could be determined to increase the provision of good quality, affordable and safe PRS homes and would recommend that they explore what is happening in this respect not only in other parts of the UK but also further afield. More also needs to be done to bring empty properties back into use. The Forum acknowledges that the Department does have an empty homes strategy and agrees that "Empty homes are a wasted resource. Although addressing the empty homes problem cannot solve housing supply issues alone, they can be part of an holistic approach to providing local affordable housing and regenerating communities." 3 The Forum would welcome information on how the strategy is progressing towards bringing empty homes into use and its objective to produce legislation to enable Housing Association to take on empty properties to let out. There is also a concern about land banking by local councils, whereby they are holding on to land which could be made available for house building. The Department should consider what action it can take to ensure that land is not being unreasonably withheld from being built on. 4 Q6 The Department should consider making changes to the Landlord Registration Scheme. Do you agree? - YES The Forum regards the landlord registration scheme as a good first step in improving the management of the PRS. However, it believes that the Department's review offers a great opportunity to revise the scheme to make it a more effective tool in tackling some of the problems in the PRS. The scheme has helped the Department to identify private landlords and to get a better assessment as to how many private tenancies actually exist in NI. But, the Forum believes that the current scheme does not go far enough in helping to raise standards in the PRS. Essentially, the scheme is a list of registered landlords, which is of no real benefit to private tenants. Whilst it is good that the majority of landlords have complied with the requirement to register; registration in itself provides no reflection on the suitability of the landlord or the quality of the property being let. Being registered is not an endorsement that the 2 http://www.housingrights.org.uk/news/prs- conference- 2015- fit- future- report 3 https://www.dsdni.gov.uk/publications/northern- ireland- empty- homes- strategy- and- action- plan- 2013- %E2%80%93-2018 4 http://www.bbc.co.uk/news/uk- northern- ireland- 34954505 5
landlord is aware of landlord and tenancy law or that they comply with their legal obligations. Furthermore, the Scheme does not hold information on the standard of the accommodation or on the fitness of the landlord to be managing a residential dwelling. Consequently, the Forum does not agree with the Department that the scheme "...improves tenants confidence in their landlords and increase landlords accountability by: promoting good practice [and] ensuring the right advice and help is available." 5 The Forum would welcome the remit of the scheme being expanded to ensure that it is more meaningful to tenants and prospective tenants. The Forum suggests that the Register should include information on: The standard of the property e.g. has there ever been council action taken to have remedial works carried out, has grant aid been awarded for improvements? Has the landlord ever had any action taken against them for breach of landlord/tenant legislation or on any other legal grounds? There should also be a requirement on landlords and agents to include the landlord registration number when advertising a property. Although estimates would seem to indicate that most landlords have registered with the scheme there are, unfortunately, still a number of landlords who have not complied. The Forum would like to see the Department carry out more publicity to raise awareness of the legal obligation to register. Local councils should also be more proactive in enforcing the regulations. Q7 The Department should consider making changes to the Tenancy Deposit Scheme. Do you agree? - YES The Forum welcomed the introduction of the Tenancy Deposit Scheme in 2013 and recognises that it has protected millions of pounds of tenants deposits. However, there is still an issue with non- compliance. Many tenants are still failing to have their deposits protected. The Forum would like to see a number of improvements being made to ensure that greater protection is given to private tenants and their deposits: 6 Making protection retrospective so that all deposits are protected. The cut- off date of 1 April 2013 should be removed. 5 http://www.nidirect.gov.uk/index/information- and- services/property- and- housing/buying- selling- and- renting- a- home/registering- as- a- landlord/landlord- registration- scheme.htm 6 http://www.housingrights.org.uk/sites/default/files/policydocs/housing%20rights%20policy%20briefing%20t enancy%20deposit%20scheme.pdf 6
The Forum would like to see the Department liaise with the Department for Justice to specifically deal with issues around lack of enforcement, weak judgments and amending the Magistrates Court (NI) Order 1981 which prevents councils taking action where a breach of the regulations is only identified 6 months after the date of payment. Amendments should also be made to enable courts to order the repayment of a deposit, in the case where a landlord has failed to protect it. More information should be made widely available to ensure that tenants know that their deposit should be protected within 14 days of having paid it. Tenants should not be asked to pay a fee have their deposit protected, as is happening with some letting/estate agents. The Forum welcomes the opportunity for tenants to avail of the dispute resolution service which is built into the scheme. However, it would like clarity on the legal status of the adjudicators decisions Q8 Is licensing of landlords needed in Northern Ireland? - YES Tenants living in the PRS need more protection. Research has shown that more vulnerable people, more families with young children, older people and more people on a low income are now living in the PRS. The Forum believes that a significant improvement to the quality of life of all tenants could be made by strengthening the sector through licensing of landlords and agents. It would like to see NI follow other parts of the UK where licensing has been introduced, for example, the London Borough Council of Newham which has led the way in licensing. Despite the fact that NI society is increasingly relying on the PRS to house its individuals and families, and the large amount of money paid through Housing Benefit to private landlords, it remains largely unregulated. The Forum is of the opinion that a licensing system for landlords and those who manage properties would improve the PRS as it would: Enhance standards by linking licensing to the condition and maintenance of the property; Develop greater professionalism in the sector by linking licensing to the holder being a 'fit and proper' person. This would help to weed out sub- standard landlords. The Forum is encouraged by the Department's proposals to introduce a licensing system for Houses in Multiple Occupation (HMOs) in NI. 7 Whilst it recognises that there are additional risks involved in living in a HMO, it would like the Department to consider parity between 7 http://www.niassembly.gov.uk/assembly- business/legislation/primary- legislation- current- bills/houses- in- multiple- occupation- bill/ 7
HMO tenants and other PRS tenants as all private tenants should be afforded the same rights and protections. Any licensing scheme should be easy to administer and should not be prohibitive in terms of costs to landlords. Based on other licensing schemes, the Department should carry out research into what would be a reasonable/realistic cost of operating a licensing scheme. The Department should be clear about the benefits of licensing to landlords and tenants from the outset and these should be widely publicised. Q9 Is Landlord Accreditation needed in Northern Ireland? The Forum would welcome landlord accreditation if it genuinely led to greater professionalism and better standards in the sector. However, the Forum strongly believes that accreditation on its own would not add any significant benefit to challenging the everyday problems faced by tenants. Accreditation will only help to improve the sector if it is part of a wider system of regulation; such as landlord/agent licensing. Accreditation should not be considered as an alternative to licensing. If accreditation was to be introduced, it would need to be independently approved in order to have any sense of legitimacy. Accreditation from an independent body, rather than a trade body, would be essential. If the accreditation is not independent, it will be inappropriate. Accredited landlord training is already available through CIH, but the Forum understands that the levels of engagement have been low. Any accredited training would need to be widely advertised and monitored. The Department may also need to look at ways of making accreditation more appealing to landlords, if it is not to be compulsory. It is important that the Department does not overlook the role of agents in the PRS. In many cases, tenants access their accommodation through an agent and it is the agent that they deal with on a day- to- day basis regarding any issues that they have with their tenancy, Therefore, any proposals for landlord accreditation should also be extended to agents. Q10 Do you think the private rented sector needs to be further professionalised? - YES The Forum believes that PRS needs be professionalised; especially in light of the growth of the PRS showing no sign of abating in the near future. It believes that professionalism can only truly be achieved through greater regulations and enforcement. See answers to Questions 8 and 9. 8
Q11 Are there other amendments to the Private Tenancies Order that should be considered? - YES The Forum considers that the following amendments should be made: Better enforcement powers for local councils in relation to breaches of the Order; especially in relation to landlord registration and tenancy deposits. (See Questions 6 and 7). The provision of an inventory by landlords and agents at the outset of a tenancy should be a compulsory requirement. Inventories which are properly completed and agreed by both the landlord/agent and tenant can help to prevent disputes at the end of a tenancy re: the contents and condition of the property. The Forum understands that the Department has already announced plans to remove the requirement to provide a Statement of Tenancy Terms. The Forum would like the Order to replace this requirement with one to provide a standard tenancy agreement to all tenants at the outset of the tenancy. A standard agreement could contain core terms with the flexibility for it to be amended with specific additional conditions. The Department should consider clarifying the role of the contractual tenancy agreement and the legislative requirements with regards to liability for payment of domestic rates. The Forum is aware that a review of domestic rates liability may be carried out in the near future and would welcome the Department liaising with the Department for Finance and Personnel in this regard. Q12 Is further regulation of the private rented sector necessary? - YES The Forum believes that the PRS cannot truly be made fit for its current purpose without greater regulation of the sector. A sector which houses 1 in every 5 households in NI should be more accountable and subject to improved standards. (See Questions 6-11.) Q13 Do you agree that longer term tenancies are a good thing? - YES The Forum would welcome the introduction of longer term tenancies, provided that it is something that both the tenant and landlord wish to undertake. Regardless of the length of the tenancy, a 'one size fits all' tenancy term does not work. The current situation in NI is that most tenancies are entered into for an initial period of 1 year. In fact the legal minimum term under the Private Tenancies (NI) Order 2006 is only 6 months. After the tenancy term expires the tenancy will most likely become a periodic 9
tenancy, unless either the landlord or tenant takes active measures to enter into a new formal agreement. This model creates major concerns for many of the people who are now living in the PRS, e.g. families with children, older people, people with vulnerabilities, as it does not give them any stability or security in their home. Most people living in the PRS want to make the place that they are living in their home, but this can be very difficult to do if a tenancy is only for a year and then on a month- to- month basis. The lack of longer term tenancies can be linked to the absence in NI of large scale PRS providers, such as housing associations and social and private enterprises. Bigger investors in the PRS are in the business for long term investment and returns and so would be more open to making longer tenancies available. The Forum would again encourage the Department to consider what actions they can take to encourage more long term investors into the PRS. Whilst there are many people who would like to have a longer tenancy, the Forum acknowledges that there are also private tenants who would not wish to be tied to a longer term. In order to meet the needs of a wide variety of people, any revised system will need to be flexible to suit individual circumstances. There is some evidence from the landlord register that there are landlords in NI who would like to offer longer term tenancies. Not only can a longer tenancy provide greater security for a tenant, but it can also be of benefit to a landlord as it guarantees the occupation of their property for a longer period of time together with a steady income stream. The Forum would like to see the Department encourage those landlords who are amenable to the idea of longer tenancies to advertise this when seeking tenants. The Department should also consider the outcome of the current consultation exercise into longer tenancies which is currently happening in Scotland to see if there are any lessons which could be taken on board for NI. Q14 Are the current notice to quit periods appropriate? - No The current notice to quit periods for NI are contained in the Private Tenancies (NI) Order 2006. The notice to quit periods were extended in 2011 to allow more time for tenants who had been living longer than 5 years in the same accommodation. 10
The current notice to quit period of 28 days for tenants who have been living in the property for less than 5 years is not appropriate and is the least generous of all the jurisdictions in the UK and also in the Republic of Ireland. The Forum believes that it is necessary to review the notice to quit period to better reflect the changing state of the PRS. It would recommend that the Department examines the longer notice to quit periods that are available in these jurisdictions and the Forum welcomes the prospect of inputting into any discussions on this topic in future. Q15 Is the current eviction process fit for purpose? - NO All tenants are entitled to due process of the law when it comes to eviction. This is one of their fundamental rights. It is the role of local councils to enforce that right if there is any indication that an illegal eviction may occur. Whatever the eviction process may be, the essential point is that it must be clear and fair to all parties. There must be clear reasons given for the eviction action. It may be argued that the current system is unfair to landlords, as even when due process is followed it can sometimes take a long time before a tenant, who is at fault, can be legally evicted. The Department needs to examine the current system to ensure that it is more balanced between tenant and landlord. There may be an opportunity to speed up the eviction process, especially when a tenant has no defence for staying on in the property after being given a notice to quit. But at the same time, local councils need to be provided with sufficient resources to be able to carry out enforcement actions against landlords who act outside of the law. Q 16 Is overcrowding an issue in the private rented sector in Northern Ireland? The Forum is not aware of any evidence to be able to comment on this. Q 17 Do you agree that the regulation of letting agents needs to be addressed? - YES The Forum is encouraged that the Department is asking this question as part of the review. As mentioned earlier, most tenancies are accessed through the services of the letting agent. The letting agent is usually the only point of contact for tenants where they need to raise an issue about the tenancy. In many cases, a tenant will not be aware of who their landlord is and, despite it being a legal requirement under the Private Tenancies (NI) Order 2006, they 11
may not even have the landlord's contact details. But they will have knowledge of their letting agent. In NI today anyone can set up a business as a letting agent without having any knowledge or skills about property or landlord and tenant law. This situation does not lend itself to enhancing the professionalism of the sector. All of the issues addressed in this response with regard to increasing standards and professionalism for landlords also applies to letting agents because of the important role that they play in the letting of accommodation and the day- to- day management of properties. There is also little consistency between letting agents when it comes to such areas as the charging of letting fees and the levels of fees, ensuring data protection/privacy, dealing with complaints. A particular area of concern for the Forum is the charging of letting fees. In 2013, the Forum carried out research into the extent of letting fees in NI 'The Hidden Costs of Private Renting in Northern Ireland'. 8 The Forum would recommend that the Department consider the findings of this research and take action to ban letting fees (as is the case in Scotland). Q 18 Do you agree there should be an alternative means to resolving disputes other than small claims court action? - YES The Forum would welcome the introduction of an independent disputes resolution system for the PRS. Court action should only ever be taken as a last resort. There should be an obligation on all parties to discuss their issues before reaching the court stage. The prospect of going to court can be daunting for many people; especially if they are unable to access representation or assistance. The current limit for claims in the small claims court is 3,000, but there are many disputes over this amount which would then entail more serious and more expensive action in the county court. Even when a case does get listed for small claims court, it is often the case that both parties will hold informal negotiations to resolve the matter, rather than going before the judge. This shows that having the opportunity to discuss the issue face- to- face can help to resolve issues. Disputes between landlord and tenant can lead to serious consequences if not resolved at an early stage. The breakdown in the landlord/tenant relationship can result in homelessness and greater strain being put on social housing and temporary 8 http://housingrights.org.uk/sites/default/files/policydocs/hrs%20mystery%20shopping%20exercise%20on%2 0Upfront%20Fees%20in%20the%20%20PRS%20May%202013.pdf 12
accommodation. The Forum would like to see the Department investigate mechanisms for helping tenants to sustain their tenancy by having the opportunity to air their disagreements in a non- confrontational, balanced way through the services of an independent body. In this instance, independence is key to the process being legitimate and adhered to by all parties. Q 19 Do you agree that it is important to enforce minimum property standards in the private rented sector? - YES The Forum agrees that it is important for local councils to be able to enforce minimum property standards in the PRS. But this requires them to have sufficient resources to be able to respond to concerns from tenants about the conditions of a property and to be able to take the appropriate enforcement action. However, the Forum does not believe that the minimum standard should be the current fitness standard. The current standard is much too low to meet the needs of tenants today and is not fit for purpose. The Forum is aware that the fitness standard will be the subject of a separate review and is keen to respond to it when released. The Forum recommends that the Department give serious consideration to completely replacing the current standard with the Housing Health and Safety Rating System which currently operates in other parts of the UK. Unlike the current standard, the HHSRS provides a more holistic approach to assessing the safety of a property by looking at a range of risks to the occupants. 9 Fit properties not only lead to healthier and happier tenants, but also put less of a financial strain on the NHS. 10 It is a proven fact that unfit homes lead to illness. The estimated cost of unhealthy homes to the NHS for the whole of the UK is 2.5bn. Q 20 In relation to fitness what specific areas warrant further improvement and what means should be used to drive improvement. (i.e. through regulation or some form of non- regulatory route such as guidance)? The Forum considers that the current fitness standard should be totally replaced with the HHSRS which is a much more meaningful assessment of the fitness and safety of accommodation. Please see Q 19. 9 http://www.housingrights.org.uk/sites/default/files/policydocs/hrs%20briefing%20on%20hhsrs%20.pdf 10 http://www.housingrights.org.uk/sites/default/files/john%20bryson%20presentation%20prs%202015.pdf 13
Q 21 Should the current system of applying rent control to unfit properties built before 1945 be extended to include other private rented property? - YES All private tenants should be afforded the same rights and protections. A tenant living in an unfit property built after 1945 should not be at a disadvantage compared to a tenant living in an unfit property built before 1945. The Forum would recommend that the 1945 time limit be removed and that all properties, regardless of when they were built, should be subject to rent control if they are proven to be unfit for human habitation. It should be a basic right for all tenants to be able to live in a dwelling that is fit, comfortable and safe, regardless of the age of the property. The Forum accepts that if the 1945 time limit is removed it would lead to a significant increase in the number fitness inspections carried out by local councils. The Forum believes that it would be more appropriate for a fitness inspection only to be carried out on post 1945 properties, on request, or where the council is made aware of concerns about the property. This would avoid many, otherwise, unnecessary inspections. However, measures would still need to be put in place to protect tenants against retaliatory eviction for raising concerns about the fitness levels. 11 Q 22 Should consideration be given to introducing standards similar to those in place in other parts of the UK around requirements to install additional safety measures, such as smoke alarms and carbon monoxide detectors, and requiring periodic electrical inspections? - YES Having a property that is fit and safe is not only in the best interests of the tenant, but also of the landlord. After all, the property is the landlord's asset and, as such, they should be keenly interested in ensuring that it is of a good quality and safe. The Forum would like to see all private rentals treated on the same basis when it comes to issues of safety: Greater attention should be paid to electrical safety. Research recently carried out by Electrical Safety First showed that private renters in NI are more likely to be at risk of injury due to electrical faults. 12 Compliance with electrical safety standards should be put on the same basis as gas safety. The Forum welcomes the introduction of mandatory electrical checks in Scotland from 1 December 2015 and would recommend that NI follows suit; 11 https://www.gov.uk/government/publications/retaliatory- eviction- and- the- deregulation- act- 2015- guidance- note 12 http://www.housingrights.org.uk/news/electrical- safety- first- focus- ni%e2%80%99s- private- rented- sector 14
Carbon monoxide and smoke are killers whatever the accommodation type. There should not be a distinction between private renters in HMOs and those in the general PRS housing. All tenants should be provided with this basic protection, especially since carbon monoxide detectors can even detect a non- lethal leak. To offer the maximum protection, any alarm systems should preferably be hard- wired to the dwelling s electrical system rather than being battery operated; The Department should investigate what other regular checks could be carried out to minimise the risk of illness and disease to tenants. Q 23 - Should consideration be given to requiring a minimum standard of energy efficiency for all private rented properties as in England and Wales? - YES Fuel poverty is a serious problem in NI; especially in the PRS. Recent figures show that it affects 42% of households. 13 All tenants are at the mercy of fuel providers and the prices they charge. Private renters are more likely to live in properties without insulation, with single glazing or rely on an electric fire as the main source of heating. 14 Fuel poverty is a complex subject. Energy efficiency plays a crucial element in fuel poverty, with people finding it difficult to pay to heat sub- standard homes. The Forum welcomes the developments in England and Wales which will prevent the letting of properties with an F or G rating and would like to see similar improvements here. Again, if a licensing scheme was introduced, an adequate energy efficiency rating could be a part of the assessment for issuing a license. Other measures which could be taken include: Ensuring that it is easy for tenants to get help with insulation measures Introducing the HHSRS which includes a rating for thermal comfort. Conclusion The Forum welcomes the opportunity to respond to this discussion paper and is keen to participate in any stakeholder groups which may be established to further explore the matters raised in the review. 13 http://www.consumercouncil.org.uk/energy/fuel- poverty/ 14 http://www.housingrights.org.uk/sites/default/files/barbara%20gray%20presentation%20prs%202015.pdf 15
The Forum would call on the Department to seize this opportunity to improve the PRS not only for those currently living in the PRS but also for those who will be residing in the sector for years to come. If you would like further information on any aspect of this response, in the first instance, please contact the Forum through Sharon Geary, Policy Practitioner Support Officer, Housing Rights, sharon@housingrights.org.uk (t): 028 9024 5640. 16
Appendix 1 - Agenda for Action (Agenda for Action page 1) 17
(Agenda for Action pages 2 & 3) 18
(Agenda for Action page 4) 19