Tuesday 11 February 2020

Are the Rent Controls coming?.....


Over the years some of the many changes we have seen effect the Private Rented Sector have had their origins in Scotland

In 2016 The Private Tenancies (Housing) (Scotland) Act was introduced which streamlined the Private Rented Sector and phased out the Scottish equivalent of Assured ShortHold Tenancies, something we are now seeing happen in England in the next couple of years, this legislation also introduced Rent Pressure Zones, giving local authorities powers to cap rent increases in specific areas, mirroring many City rent control policies that can be seen across Europe.
In addition, Scotland also introduced a landlord register, making it a criminal offence for a landlord  to rent out a property if they were not registered.

So could  Rent caps now  be closer that we think for England too?

MSP Pauline McNeill, has laid before the Scottish Parliament her private members Bill named, Proposed Fair Rents (Scotland) Bill

This bill proposes to cap annual rental increases across Scotland to 1% point above inflation (measured according to the consumer price index (CPI)

This would apply to both new tenants (if the property has been let previously) and existing tenants. It would be “grandfathered” for a new tenant where the property has been let previously, meaning when a property is let out to a new tenant, the landlord could only charge the previous rent, increased by 1% point above inflation.

There will be provisions for landlords to request an annual increase which is higher than the cap to reflect improvement works that have been carried out on the property, this work would need to be assessed before the cap restriction is removed allowing a landlord the higher increase.

It is also a requirement of the Bill, that landlords update the Land registry with any changes in rent.
This will have the effect, not only of recording a specific rent to ensure it is not rising faster than inflation, but also of creating a comprehensive database of rents, resulting in a robust dataset of actual market rates.


It is currently a criminal offence for a landlord to rent out a property without registering it on the Scottish Landlord Register. A landlord can be fined up to £50,000.50 It is also a criminal offence to knowingly fail to supply full information in the registration application and a landlord can be fined an amount not exceeding level 3 on the standard scale, which is currently £1,000.51 This Bill would simply expand the duty on landlords to state the level of rent they are charging. This will ensure that when landlords increase the rent it does not exceed one percentage point above inflation.

So if this Bill does receive the Scottish thumbs up and given how quickly we see changes migrate to the English PRS, could we be seeing Rent Controls in England in the next 3-4years? 



Right to rent checks to go digital

The Immigration Minister, Kevin Foster MP, responded to a written question by Alex Norris MP (Labour, Nottingham North) asking what plans the Home Office has to update the Right to work checks and Right to rent document checks guidance to allow digital forms of identification to be accepted.

Kevin Foster, responded: “When an individual undergoes a right to work or right to rent check, they are not just evidencing their identity, they must also demonstrate their entitlement to work or rent.

“The Home Office is transforming the way migrants demonstrate their immigration status and right to work and rent in the UK.

“The digital online status checking service for employers conducting right to work checks was launched on 6 April 2018.

“In January 2019, we amended secondary legislation and issued new guidance to employers which sets out how they can use the online service in complying with their responsibilities under the Immigration, Asylum and Nationality Act 2006 on the prevention of illegal working.

“The Home Office is planning to launch an online digital right to rent status checking service to support landlords in conducting right to rent checks.

“The government is also working to develop proposals for a digital identity system that would enable people to prove their identity easily and securely, without the need to provide physical documents, and to meet the demands of the digital age.”

As of yet there have been no timescales placed on when these new checks might be made available to Landlords or the exact status of current progress, so best not to hold your breath




Source Property118