Councils want cash for enforcing S21 ‘no-fault’ evictions ban

Local authorities in England have raised concerns about the need for additional staff and funding to effectively enforce the proposed banning of Section 21 ‘no-fault’ evictions in the Renters Reform Bill.

The legislation is making its way through Parliament and responsibility for enforcing the ban will fall on councils.

But they are already expressing concerns about their ability to properly police the new rules.

The Local Government Association (LGA) says it supports the change but warns that increased resources are needed to ensure effective enforcement.

Shortage of tenancy relations and environmental health officers

Darren Rodwell, the LGA’s housing spokesman, told the BBC that ‘every council’ has a shortage of tenancy relations and environmental health officers, who will investigate potential offences.

He said: “New regulation is important, and we welcome it, but we need to make sure we have the right financial package to be able to enforce and deliver it.

Mr Rodwell is the leader of Barking and Dagenham Council in London, and he says there are ‘still some unknowns’ about how councils would fund enforcement.

In response, the government has promised to cover any additional costs incurred by councils because of the ban so that it is successfully implemented and enforced.

Circumstances under which landlords in England can evict their tenants

The Renters’ Reform Bill will restrict the circumstances under which landlords in England can evict their tenants which will only be permitted only in specific situations.

They include when the landlord plans to sell the property or if they or a close family member intends to move in.

Should a landlord proceed with eviction under these conditions, they would be prohibited from re-letting the property for a three-month period and face a fine of up to £30,000.

Councils will have the authority to retain any revenue generated from civil penalties, which must then be allocated towards further enforcement activities.

But Mr Rodwell says the fines may not cover the costs associated with investigating breaches of the new regulations and there is a need for additional funding to ensure effective enforcement of the rules.

Strain on already limited resources

Jo Smith is a private sector housing manager at Welwyn Hatfield Borough Council, and she told the BBC there would be a strain on already limited resources.

She says that councils are struggling to uphold their existing housing duties, even before taking on the additional responsibilities outlined in the new legislation.

And, as the only environmental health officer responsible for housing at her council, Ms Smith has a team of seven staff members.

She says that many councils lack the resources to proactively identify landlords who violate housing laws and instead rely on tenants to report any issues.

She adds that allowing councils to retain the fines imposed on landlords could help fund enforcement efforts.

Additional funding to ensure the effective implementation

The Chartered Institute of Environmental Health (CIEH) is also calling for additional funding to ensure the effective implementation of the new legislation.

According to Henry Dawson, a member of the CIEH’s housing advisory panel, there is currently a ‘desperate shortage’ of environmental health officers and tenancy relations officers.

He explained to the BBC that the current focus is primarily on addressing major cases, describing the situation as firefighting’.

Mr Dawson emphasised the need for increased staffing and a sustainable funding model to support the new responsibilities that local authorities will face under the Renters’ Reform Bill.

A Department for Levelling Up, Housing and Communities spokesperson said: “We will continue to support councils financially so they have the right resources to put tenants first, that includes fully funding any additional costs that may fall on councils as a result of our proposed reforms.”

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