Rental rules can’t be enforced with £60m, claims leading lawyer

David Smith, Property Litigation Partner at Spector Constant & Williams, warns funding will not fix chronic shortages of experienced enforcement officers.

David Smith, Spector Constant & Williams

The Government’s £60million funding package for councils will not be enough to ensure effective enforcement of new rules under the Renters’ Rights Act, a leading property litigation lawyer has warned.

David Smith (pictured), Property Litigation Partner at Spector Constant & Williams, says the challenges facing local authorities are about more than just finances, as staffing constraints are likely to limit how the rules are enforced.

He says: “Spread across more than 300 local authorities, the additional funding is unlikely to transform enforcement overnight.

“Many councils already struggle with limited housing enforcement teams, and the new ‘duty to enforce’ could place significant pressure on existing resources.”

No amount of money will resolve the shortage of qualified and experienced environmental health officers.”

Smith adds: “No amount of money will resolve the shortage of qualified and experienced environmental health officers.”

From 1st May, councils will be placed under a formal duty to enforce key parts of the legislation, including rules banning rental bidding wars and wider compliance requirements as no-fault evictions are phased out.

Civil penalties for serious or repeat breaches will rise to £40,000, increasing the potential financial risk for landlords who fall foul of the new system.

Increased scrutiny

Smith told Specify Magazine: “In practice, compliant landlords are unlikely to notice immediate changes, but those operating outside the rules may face increased scrutiny and higher financial penalties.

“We are likely to see an increase in disputes as the new legislation beds in and areas of uncertainty are tested through the courts.”


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