Councils can now fine landlords £7,000 for the worst disrepair. One barrister says it won’t change much.

It’s been three weeks since councils in England gained the power to fine landlords up to £7,000 for the most serious hazards in a rented home.

The Government estimates that around one in ten privately rented properties has at least one hazard serious enough to trigger a fine. The new rules, introduced under the Renters’ Rights Act, were billed as a turning point for tenants stuck waiting on repairs.

In the view of Jeffrey Zitron, a barrister at The Barrister Group specialising in landlord and tenant law, that’s optimistic. He expects Housing Disrepair claims under the Housing Conditions Protocol to carry on much as before.

“Probably not, for at least three reasons,” says Jeffrey Zitron.

Why the New Powers Won’t Reach Most Claims

The guidance calls the new fines tenure neutral, but they don’t apply to a council’s own housing stock unless someone else manages it. Housing associations are covered. In practice, though, the guidance steers councils away from using their powers against HAs, pointing tenants instead towards internal complaints procedures and the Housing Ombudsman.

“Given that many Housing Disrepair claims are launched because tenants don’t have confidence in those other routes, that may not change much,” he says.

Whether Councils Will Actually Use Them

In Zitron’s experience, central Government under all parties has a long tradition of granting councils shiny new powers but then not giving them any, or enough, money to use them. He thinks this could be a familiar story.

“Experience of enforcement of historic disrepair legislation suggests this may be an issue,” he says.

The Protocol Still Wins on Speed

That leaves the Housing Conditions Protocol, the route most Housing Disrepair claims still go through.

“It may seem perverse to suggest that going down a route which may end up in court could be a relatively quick one,” says Zitron.

“But the important point about the Protocol is that it’s designed to get solutions without court action, and to do so in a structured way that gives the landlord a chance to act but preserves the tenant’s rights if they don’t.”

What Landlords Should Be Doing Now

Drawing on The Barrister Group’s experience of representing both tenants and landlords, Zitron has a simple set of top tips for landlords, including social landlords:

Keep good as-built records, so contractors don’t have to make extra visits, taking up the tenant’s time, to find out what’s in the property.
Maximise preventative, planned maintenance, but don’t be inflexible about bringing forward a repair where there’s a long-standing, serious problem.
Make sure contractors give proper notice of visits, actually turn up, and don’t just leave a card through the tenant’s door.
If litigation starts, make sure solicitors are given accurate information about whether, and what, works have been completed.
Think about the real cost of doing only the minimum required. Take a customer service view, just as the best companies you deal with as a consumer do.

“Whether it’s council enforcement or a Housing Disrepair claim, planning, good communication and fleet-of-foot responses are the best way of minimising distress for tenants and unnecessary costs for landlords,” says Jeffrey Zitron.

Whether they change much on the ground is, in Zitron’s view, another matter. Housing Disrepair claims under the Protocol look set to continue much as they have for years, and landlords hoping to avoid both council fines and litigation would do well to follow his advice now rather than wait to see how enforcement plays out.