Private Renting tenants not in fear of eviction at all

With a new government only 27 days in power and the uncertainty of what a new Renters Rights Bill will hold for the Private Rented Sector (PRS), the latest English Housing Survey has been a little overlooked since its publication on 18th July.

The collective narrative from tenant activist groups such as Acorn, Shelter, and Generation Rent, lead us and the Government to believe that all tenants in the private sector are living in fear of eviction. 

Rarely do these organisations provide evidence to back up their claims, instead opting for orchestrated stats manipulated from promoted surveys of their own audience.

The English Housing Survey, on the other hand, has no hidden agenda and surveys the Nation. 

The latest stats show the PRS is actually more stable than the activists would have you believe. 

In the last 3 years, only 9% of tenants in the PRS were evicted. Of these, 67% were evicted because the landlord wanted to sell or use the property in another way. 

37% of tenants who were evicted were issued a Section 21, with only 2% saying this was due to the landlord increasing rent that they refused or were unable to pay. Moreover, 78% of the tenants surveyed said they currently felt safe from eviction, and 75% said their current private rented property felt like home.

This data doesn’t really support the narrative being claimed that tenants are living in fear of a ticking time-bomb of impending homelessness. But the media, of course, are not always interested in the good news stories, as that doesn’t have the same impact as dramatic headlines such as “Greedy landlords leaving single parents homeless” or “Tenants in fear of losing their home.”

Facts matter. Just because the anti-landlord activists shout the loudest doesn’t mean they are right. 

The English Housing Survey provides a more balanced and accurate portrayal of the PRS, showing that many tenants feel secure and at home in their rented properties. 

As the government considers new policies for the PRS, it is crucial that they base their decisions on comprehensive data rather than selective statistics promoted by activist groups. 

The real narrative, supported by the latest survey, reveals a sector that is far more stable and secure than it is often portrayed.

Landlords Seek to Restrict Lodgers Working from Home

In a recent development within the housing sector, landlords are increasingly attempting to restrict lodgers from working from home. This move has sparked controversy and raised questions about the rights and limitations placed on different types of occupants within a property.

An article in the Independent Worrying trend of landlords banning tenants from working from home | The Independent has raised some eyebrows in the industry, the article lacks clarity and leaves the reader believing this trend is suffocating the rights of tenants.

The property advert that is under discussion actually relates to a live-in landlord, this set up is very different to that of a tenant who rents a dwelling separately from that of the property owner.

Lodgers vs. Tenants: Understanding the Distinction

It is crucial to distinguish between lodgers and tenants when discussing this issue. Lodgers, who typically rent a room within a landlord's primary residence and share common areas, do not have the same legal protections as tenants. Unlike lodgers, tenants have exclusive possession of a property and are covered by more extensive legal rights, including the right to work from home.

Lodgers’ Limited Rights

Landlords argue that allowing lodgers to work from home can lead to several issues, including increased utility costs and wear and tear on the property. Additionally, landlords express concerns about the potential for lodgers to blur the lines between living space and workspace, possibly transforming residential areas into business environments.

Given the nature of a lodger's agreement, landlords often retain greater control over the terms of occupation. This allows them to set specific rules and conditions, including prohibitions on working from home. The legal framework supporting these restrictions on lodgers is generally upheld, as lodgers are not afforded the same statutory protections as tenants.

Tenants’ Right to Work from Home

In contrast, tenants, who have a more formal and legally binding rental agreement, possess the right to work from home. However, this right does not extend to running a business from the property without the landlord's consent. Landlords can seek to exclude a tenant’s right to work from home within the terms of the lease, but they must tread carefully to avoid breaching the law.

The Small Business, Enterprise and Employment Act 2015

A key piece of legislation relevant to this issue is the Small Business, Enterprise and Employment Act 2015. This Act stipulates that landlords cannot unreasonably refuse a tenant’s request to work from home, subject to several exclusions. This provision was introduced to support the growing trend of flexible working arrangements and the increasing number of people working from home.

Balancing Interests

The tension between landlords and lodgers highlights the need for a balanced approach that considers the rights and responsibilities of both parties. For landlords, clear communication and well-drafted agreements are essential to prevent misunderstandings and conflicts. Lodgers, on the other hand, should be fully aware of the terms of their occupancy and the limitations it entails.

As the nature of work continues to evolve, with remote working becoming more commonplace, the housing sector must adapt to these changes. Ensuring that both landlords and lodgers are informed of their rights and obligations will be key to maintaining harmonious living arrangements and addressing the challenges posed by the modern working environment.

Equally tenants must be aware that working from home and running a business are separate undertakings. If the tenant is to receive and service clients at the property or take delivery of stock to be sold from and stored at the premises, then this could cross the line into making the residential dwelling into one that is classed as commercial.