Private Rental Sector Strategy for Portsmouth 2021-2026 - To achieve an active and well-functioning Private Rental Sector which works fairly for all.
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Private Rental Sector Strategy 2021-2026 Private Rental Sector Strategy for Portsmouth 2021-2026 Part 1 To achieve an active and well-functioning Private Rental Sector which works fairly for all. Page 1 of 29
Private Rental Sector Strategy 2021-2026 Executive Introduction by Councillor Sanders, Cabinet Member for Housing Since the first draft of this document that help them move (the Council pilot was approved early last year, COVID to help them fell victim to the pandemic has upended the world. The private but is now back on). The absence of rented sector (PRS) is no exception. those things - rightly or not - still makes The likely increase in unemployment people on the council's waiting list want and - once the ban on them is over - to stay there, rather than rent privately. evictions, will exacerbate already existing issues. The vast majority of landlords are not commercial organisations, but people The easy thing to do is nothing and wait who see being a landlord as a way to for something to happen. That is a supplement income or investment. mistake. The pandemic has not More than one in six fell into it by changed the situation we outlined in the accident. Yet what they want overlaps first draft of this document. Renting with tenants' desires in many ways. privately still remains the only way They want secure tenants living in a many Portsmouth people can get a safe property that is not empty for long place to stay. Opposition to any form of periods. They also want criminal housebuilding remains, as do landlords and tenants dealt with. They Government targets for doing so. are in it for the long-term and want a low risk, low return investment. The barriers to entering the PRS are still there. As part of this strategy, the Alongside this is the fact that many Council conducted the two most people living near these properties - comprehensive surveys of private especially shared houses (HMOs in the tenants and landlords this city has ever jargon) - fear rubbish in the forecourts seen. I want to thank everyone who or on the streets, noise late at night or took part, some more than once. What ‘the wrong sort of person’ residing at the they say is interesting and consistent. property. Most private tenants feel trapped, with But it is not just the context that remains no plan or ability to move from where unchanged by the virus. So are the they are. They want a safe, secure and solutions and approach. We still need to affordable place to live, tough action on overcome these barriers and make a criminal tenants and landlords and PRS attractive to current and potential access to rent deposits and guarantees tenants and landlords and respectful of Page 2 of 29
Private Rental Sector Strategy 2021-2026 their neighbours. This cannot be done barriers to renting privately. This overnight and this strategy does not strategy allows the Council to do that. pretend it can. Instead, it puts forward That is why it was important that the an integrated, long-term, ambitious and Council reconsulted on these proposals radical package of measures that during the pandemic, for eight weeks covers extra advice and support - ending last November. including financial support - for tenants and landlords and tougher enforcement That consultation confirmed what we measures, including consulting on knew. Overcoming the barriers to additional licensing for smaller HMOs, renting privately in Portsmouth requires where there are a significant number of carrots and sticks that help free tenants complaints, and a comprehensive from the trap they feel they are in, help mediation service for tenant/landlord landlords get the low risk, low return disputes, backed up by Britain's first investment they want and punish 'housing court'. tenants and landlords that deserve it in a way that does not harm the many in Doing nothing remains a mistake. So is pursuit of the few. believing that one silver bullet of a policy will solve a complex, interacting The pandemic may have altered some range of issues. That still comes from aspects of the package from early last an integrated solution that delivers a year, but it remains an ambitious, PRS that works for Portsmouth. The comprehensive and radical package of Council cannot achieve that goal by measures for the next five years. Only itself and this strategy does not pretend by working together can we make it can. It must - and will - work with renting privately work in Portsmouth tenants, landlords, Government and now and in the future. other statutory bodies to overcome the Councillor Darren Sanders Cabinet Member for Housing and Preventing Homelessness, January 2021 Page 3 of 29
Private Rental Sector Strategy 2021-2026 Executive summary The private rental sector (PRS) is an Portsmouth is biased towards the important part of the provision of suppliers, with demand having risen in housing in Portsmouth, as it is across recent years due to a growth in student England. It is not only vital in providing numbers; increasing numbers not able a home for some 30,000 people that to own their own home and the slow live in it, and a living for those that are shrinkage of the social rented sector. In landlords, but also has a wider impact many cases market rents are upon the economy and community of significantly above what those on the city. benefits can reasonably be expected to afford, and access often requires a The legislative and policy framework significant deposit, rent in advance or a which surrounds the renting of private guarantor. homes is complex and has developed over a number of years, with a focus on An assessment of the tenants of health and safety, home standards and Portsmouth shows that whilst the the requirements surrounding largest single group of renters are those tenancies. The signal from the under 35 years old, an increasing government at the end of 2019 was that number of people are renting for the more legislation can be expected, long-term, with the number of tenants over 45 years old on the increase. In particularly around the ending of 'no addition to the above the consultation fault' evictions. Although not introduced tells us that the majority of private at the time that this strategy was renters in Portsmouth have a periodic published it is anticipated that these rental term where it continues on a changes will be made in 2021. The rolling monthly basis (70%) and that the impact of this change upon the PRS remaining cohort have a fixed term market is unclear but could bring major tenancy with a definite expiry date changes to the market. (30%). In addition to this the consultation suggests that 79% of The licencing of Houses in Multiple private renters plan to be renting for the Occupation (HMOs) has been a major long term with 76% saying that they rent change in recent years but only covers because they do not have an alternative a part of the HMO sector and whilst option. licencing has focused the council on the standards within properties, it has not This use of the PRS as a long-term been fully utilised to deal with the solution for housing is something that proven impacts that they can have on needs to be at the heart of a strategy which makes the sector work for all. the local community. The impact of Tenants in Portsmouth have shown that HMOs on waste and antisocial they want a safe and secure place to behaviour is disproportionate to their live, which is affordable and can be number and this should be addressed. rented for as long as needed and this It is also clear that the supply and strategy proposes that good tenants do demand market for private renting in the following: Page 4 of 29
Private Rental Sector Strategy 2021-2026 pay their rent on time, Communicate well with The integration of private tenancies into landlords and neighbours the rest of the community has been take care of their home even shown to need improvement to meet though they don’t own it the needs of both users of the sector Understand and follow the but also neighbours and other tenancy agreement stakeholders. Work in good faith with tenants and regulators to Many of the landlords with properties in resolve problems the city will be individuals with one or a Ending a tenancy in a good few places to rent, and are doing so way either as an investment or have obtained property unintentionally. Many landlords feel that issues such as taxation and regulation have made being a landlord harder, and are focussing on the security of their property and consistent payment of rent are top priorities. The nature of how someone became a landlord does not necessarily indicate how good they are at managing a property, although those with less experience and time to understand the The evidence leads to six themes which complex regulations and local policies make a well-functioning private rental are more likely to fall foul of them. sector, and if these can be improved Driving up the standards of landlords, then it is highly likely that the lives of and the properties they provide, is vital tenants, landlords, neighbours and and the opportunity for improvement other stakeholders will also improve. should be given to those who are well These are: intentioned but need clear advice and training. Conversely the council should Affordability be making every effort to find and root Safety out those landlords who, either Security of tenure deliberately or though ignorance, put Ease to enter and leave the the lives of people at risk through sector dangerous homes, or exploiting those Ability to work well with other who are vulnerable. Focusing on the tenures and is part of the creation and support of more Good community landlords who do the following will drive Regulation up standards. All of the local and national evidence Act in a fair, considerate and leads to a conclusion that the private just way towards tenants rental sector works for many but does Create a good tenancy not work as well as it could in all Maintain a good tenancy instances and therefore there are two aims that should be set Page 5 of 29
Private Rental Sector Strategy 2021-2026 1. To achieve an active and well- 2. For the Private Rental Sector to be functioning Private Rental Sector seen as a desirable type of tenure which works fairly for all. which meets the needs of those who use it, with support being focussed on those who need it most. From this there are nine proposed 6. A wide range of stakeholders strategic objectives. We asked people and user groups will work in the city to indicate those objectives together to provide a focal point that they wished to support. These are for the delivery of outcomes listed below with percentage of (63%). respondents who 'strongly agreed' or 'agreed' shown. 7. Tenants and landlords will be considered when significant 1. Good landlords will be decision-making within the city welcomed, supported and occurs, and that the benefits of promoted through the use of economic regeneration will be accreditation (83%). felt equitably by those within the PRS (80%). 2. Information and guidance for landlords and tenants will be 8. Fair, transparent and clear, easy to access to enable professional regulatory them to make fully informed functions will provide choices when entering and reassurance and support to all moving around the PRS (90%). that request it and not adversely affect those that need help by 3. More tenants can afford a adding disproportionate burden sustainable rent level. More (77%). tenants will also receive support in overcoming financial 9. Strong regulators will use all of access barriers such as their powers, working with deposits and bonds (77%). partner agencies and stakeholders, to tackle and 4. The maintenance of tenancies remove criminal and antisocial will be supported, as far as behaviour (86%). possible, using a range of routes to try to resolve problems without the need for eviction (78%). The role of Portsmouth City Council is varied but not without limits. It is not 5. Users of the PRS will be a aiming to take management stronger part of, and more responsibility for a land number of integrated with, their local rental properties, nor can it mandatorily community. This will increase control rent levels. inclusion and cohesion with But there is more that it can do, both in other tenures (62%). the short term and over the next few years to improve the private rental sector in Portsmouth. Improvement Page 6 of 29
Private Rental Sector Strategy 2021-2026 needs to be measured, and overseen not only by the council but also by the network of stakeholder groups that it works with. The two top priorities for action from this capable of meeting the needs of the list identified in the consultation are strategy (84% said very high or high priority). Unlicensed HMOs: Continue to deal proactively when an These actions will be given precedence unlicensed HMO is reported (88% and although they are not time limited it said very high or high priority) and is an informal quarterly report and a Professional standards of formal annual report is made available regulation: Ensure that officers so that progress can be monitored. The responsible for regulating the PRS remaining actions achieved a very high are trained to a professional or high average priority score in the standard and consultation and have been grouped under headings. Full list of actions below in order of priority: HMOs: Continue to deal website information on what proactively when an unlicensed makes a good tenant (including HMO is reported. different situations). Investigate with third party Training: Ensure that officers stakeholders the feasibility for responsible for regulating the closer partnership working on a PRS are trained to a single communications and professional standard and web strategy. capable of meeting the needs of this strategy. Governance: Develop the current HMO governance board Communication/information: into a multi-agency partnership Provide more information for group which oversee this tenants, such as average strategy. Review the market rents across property stakeholders to ensure that all sizes. Expand on the current voices are covered. Page 7 of 29
Private Rental Sector Strategy 2021-2026 Pilots: Working with stakeholders, approach the Financial support: Undertake a MHCLG to look for support in pilot of the rent deposit and the development and bond scheme. implementation of this strategy, with a particular request to pilot Shared services: Work more some of the changes identified closely with stakeholders to below. increase the understanding of the services that could be provided across Portsmouth to support the PRS. Council internal processes: Implement the revised supplementary planning document for HMOs. Review all relevant enforcement policies to make them more transparent. Work with other local authorities to find new ideas to support the PRS. Ensure that data sharing, both within the Council and with external partners is maximised, within legislation. Further actions require additional 1. Workshops: (A) Work with investigation and resources. Officers landlord groups to provide will be required to bring further, more workshops on how to be a good detailed, reports to councillors for landlord. E.g. how to choose approval before any can be appropriate tenants and permanently implemented. These will carrying out their own HHSRS outline costs, timescales, risks, impacts assessment on their property. and an operational delivery plan. (B) Work with tenancy groups to provide workshops on how These actions have been reviewed in to be a good tenant, aimed at light of the response to the consultation helping a tenant to maintain a and have been grouped and are set out tenancy. Focussing on money in order of priority below. The highest management, behaviour & how scoring actions are workshops (76%) to work with the landlord. and a mediation service (72%). The overarching aim is that all agreed 2. Mediation: Create a mediation actions within the final strategy will be service between landlords and completed within the five year period. tenants to help improve Progress of this will be monitored by the security of tenure. This may Cabinet Member for Housing & include a 'private sector Preventing Homelessness housing court'. Page 8 of 29
Private Rental Sector Strategy 2021-2026 3. Financial support for the PRS: 5. Additional licencing: Consult Provide loans for good, on reintroducing additional accredited landlords to improve licencing for HMOs to help in the the quality of their property. better management of them and Provide low interest loans for understand how they interact with those who are eligible to be the local community able to access the private rental sector (the loan will cover the rent deposit and any additional fees required to be paid to enter the Private Rental Sector. Provide bonds to help those who are eligible to gain access to the PRS 4. Accreditation: (A) Expand the Rent it Right model to help more tenants across the PRS. (B) Working with multi agency partners, develop the council's accreditation scheme to offer benefits to good landlords This strategy presents an ambitious rented sectors. By making it a housing opportunity for Portsmouth to make real solution for the short and long term it improvement in the lives of many that can have great benefits for the whole call it home, but don't have the security city. offered in the owner occupier or social Consultation Consultation on this strategy was carried out in the Autumn of 2020. The consultation took place over 8 weeks and ended on 11 December 2020. The results tell us that the majority of private renters in Portsmouth have a periodic rental term where it continues on a rolling monthly basis (70%) and that the remaining cohort have a fixed term tenancy with a definite expiry date (30%). In addition to this the consultation suggests that 79% of private renters plan to be renting for the long term with 76% saying that they rent because they do not have an alternative option. A summary of the consultation findings can be found in Appendix 2. Page 9 of 29
Private Rental Sector Strategy 2021-2026 Page 10 of 29
Private Rental Sector Strategy 2021-2026 Contents Introduction by Councillor Sanders (page 2) Executive Summary (page 4) Consultation (page 9) Contents (page 11) Part 1 - Making the Private Rental Sector work in Portsmouth (page 12) Section 1 Helping those for whom the private rental sector does not work (page 12) Section 2 Defining a well-function private rental sector in Portsmouth (page 16) Section 3 Strategic aim and objectives (page 19) Section 4 The roles currently undertaken by Portsmouth City Council in support of the PRS. (page 20) Section 5 Strategic Action plan for Portsmouth City Council (page 26) Part 2 - Supporting evidence (page 1) Section 6 Defining the Private Rental Sector and its stakeholders (page 2) Section 7 National overview (page 4) Section 8 Local overview (page 15) Section 9 Tenants (page 32) Section 10 Landlords (page 36) Section 11 Important factors to each group in the PRS in Portsmouth (page 42) Section 12 Feedback on consultation of draft PRS strategy (page 50) References (page 56) Page 11 of 29
Private Rental Sector Strategy 2021-2026 Part 1 Making the Private Rental Sector work in Portsmouth Section 1: Helping those for whom the PRS does not work For many people the PRS (Private Helping those groups of main users Rental Sector) meets their needs, who are not in the situation they would whether for short-term renting whilst chose to be in should be the focus of they find the right location to live or this strategy for the following reasons. whilst they pass through into either owning their own home or into social Exploitation. Even where the rent. It has also been shown that only initial access can be afforded, a small proportion of PRS properties in tenants on the lowest incomes the city are complained about to the often have to choose a PRS council, either by tenants or by property based upon ongoing neighbours. affordability (i.e. where they can keep up the rent payments), and However, these statements lead to may accept the property being in further questions which need to be a poor condition or being addressed unsuitable for their needs in term of location, size or amenities. 1. Can the satisfaction of the These tenants are the less likely main user groups with the to complain about their living PRS be solely based upon the conditions for fear of retaliatory demand they place upon the eviction, or rental increase if their council? landlord did carryout repairs or 2. What about the groups and improvements to the property. individuals, for whom the PRS Equally, a landlord, who may not does not work? be aware of all of the The PRS market in Portsmouth is requirements, is at risk of driven by the lack of supply compared exploitation from disreputable to the level of demand. With a large tenants student population and areas of Consistency of living. For those deprivation these factors suggest that it who are living in the PRS long- is possible, in some situations, that term, especially those with tenants are being exploited either by families, they need to able to feel paying high rents or living in non-decent that they are making a home. conditions. If such exploitation is They need to feel confident that, occurring it is also possible that some providing they are acting as tenants are not approaching the reasonable tenants, they can council, or other organisations, for help continue to live in their property for fear of the consequences that this for as long as possible. Where may have. landlords wish to reclaim the property, tenants should be able Page 12 of 29
Private Rental Sector Strategy 2021-2026 to be aware of their rights, and that deliberately choose not to be good expect as much notice as landlords for the following reasons. possible from the landlord The supply and demand This groups has a negative imbalance means that some effect on other stakeholders in landlords may not have the the PRS, including knowledge or inclination to act neighbours, local authority as good landlords. This in turn etc. could put them, their properties, For everyone to have their tenants and their confidence in a well- neighbours at risk. By functioning PRS in supporting this group it will Portsmouth, there needs to be enable a landlord for whom it is a strong enforcement. not working to either exit the Whilst this strategy acknowledges that industry or gain the skills to tenants should behave in a reasonable become a good landlord. manner, legislation already exists to This means that this strategy should be allow landlords to deal with poor tenant focussed on helping tenants stuck in behaviour, and the demand-led market the PRS and landlords who either need is in the landlord's favour in this respect. help to become a good landlord, or There are a number of changes to the want to leave the sector. PRS which would help these groups, In addition this strategy proposes that it not all of which do the council have the should be tougher on those landlords ability or responsibility. Increase supply of properties to use as homes "A consumerist regulatory model works looking for housing is significantly best when a buyer is able to choose greater than the amount of housing between competing sellers, while stock available. Therefore the number sellers have to provide quality of of homes in all tenures needs to rise, product in order to attract a buyer." although it is important that they are the (Marsh and Gibb 26) right size and mix of property types to ensure that. A development Currently the supply and demand programme which focusses solely on model in Portsmouth is skewed in one tenure type, or does not provide favour of landlords and sellers of properties for different tenants and properties as the amount of people families, is likely to fail. Page 13 of 29
Private Rental Sector Strategy 2021-2026 More social housing available for those who need it If more property was available at rents building homes, the Council is people can afford, then tenants who committed to buying 500 homes for cannot sustain a PRS tenancy will have council use by Spring 2024. However it more and better choices. is recognised that more must be done. By having tenures and policies that also Some of that is happening. Housing encourage those that can leave the associations are using sites like the social sector to do so, it will help to former Kingston Prison to provide recycle social and affordable properties homes people can afford. In addition to back for those who need it the most. More owner/occupier homes By increasing the amount of owner for both first time buyers and owner occupiers in the market you reduce the occupiers who cannot move effectively reliance on the PRS being the stop gap as they would have done 20 years ago. More homes for private rent As this report will show, an increasing Build new stock specifically for number of people are using the PRS as market rental. permanent accommodation and Re-designate existing social therefore it is important that supply can rented stock. meet this demand. It is also as Purchase housing from the important that the properties are good open market for use as rental quality and free from health and safety stock. hazards, so that the tenant is paying for Managing property on behalf of a home that is not going to cause them existing private landlords. ill health and is value for money. The following models have been suggested to ensure that the housing stock in the private rental sector continues to grow. More financial support to enter / move around in the PRS A significant problem for those on the this is particularly difficult for those who lowest levels of household incomes cannot afford it. (and those on benefits) benefits is gaining access to the PRS. Landlords In January 2020 the council began a may have concerns about the ability to review of a number of options to pilot sustain the rent and often require which may address this issue including additional security, such as a guarantor a trial to offer improved bonds, and or bond, or significant upfront rent access to 0% interest loans for those (usually at least one month in advance) who met the agreed eligibility criteria before they will be accept a tenant, and Page 14 of 29
Private Rental Sector Strategy 2021-2026 More financial support to stay in the PRS The gap between the Local Housing If the money available for those on Allowance (LHA) rate and market rent benefits met the mean average rent this means those on benefits will, in many would enable tenants to have a realistic cases, need to use other benefits to top choice about the type of property they up the rent, which mean they have less wish to stay in. This would require disposable income to spend on other either the government to raise LHA essentials such as fuel, food, transport rate, or for the local authority to offer etc. rent top ups to meet this. Maximise the efficiency of the stock It is a choice for those that can afford to resolved, would create more capacity pay to rent a property that is larger than overall. their family needs, and the city council has neither the power to force people to The role of the council should be to move out of their homes, into provide advice and support for tenants something smaller, simply to create and landlords about how to get the most capacity. However it must be from their tenancy, and the benefits and acknowledged that, as in all housing impacts of moving, either to a larger or tenures, whilst there is a great deal of smaller property. over occupation, there will also be some under occupation which if Economic Growth The council has an economic growth the PRS, and particularly those who strategy which aims to deliver more, feel that they are trapped. An increase better paid jobs within the city. in wages and opportunities for this group is likely to enable them to have It is therefore an important part of this more choice about where to live, and be strategy, and the economic more likely to afford the rent on a regeneration strategy, that these sustainable basis. benefits are seen by those who are in Page 15 of 29
Private Rental Sector Strategy 2021-2026 Section 2: Defining a well-function private rental sector in Portsmouth From the supporting evidence that has Security of tenure been shown in Part 2 of this strategy, it Ease to enter and leave the is possible to outline what a well- sector functioning PRS would look like in Ability to work well with other Portsmouth, focussing on six key areas. tenures and is part of the community Affordability Regulation Safety Affordability There would be a normal distribution of not available within the social sector. market rent levels in all areas with the These people would be helped to make mean average rent being at the relevant this move. Local Housing Allowance rate, meaning that those on benefits could access a Bonds and guarantees would be easy reasonable section of the PRS market. to access in the event of a problem, and low cost deposits would be available for Those in social rented sector would those that need them. Deposits could see the PRS as a possible place to be easily moved from landlord to move to if they wished to change to a landlord as a tenant moves property. property size, type or location that was Safety Properties would be maintained so that The number of deliberate problems in no properties were considered non- the fabric of a property, either through decent by the Decent Homes neglect by the landlord or deliberate standards. action by the tenant would be very low. If such an issue did occur, it would be Landlords and tenants would work handled through an agreed process together to maintain the standard of the and all parties would abide by the properties, each trusting the other that decision. any problems would be resolved quickly and without hassle. Security of tenure No main user of the PRS would feel a confident that they can remain in a power imbalance between tenants and property for as long as the landlord is landlords, and that both groups would renting, and providing they remain a feel the benefits of being in the sector good tenant. for as long as desired. Landlords and tenants would happily For those who see the PRS as their discuss their plans of tenure, with the long-term tenure of choice, they will feel Page 16 of 29
Private Rental Sector Strategy 2021-2026 aim of reaching agreement about when they will be honest with each other and it may come to an end. clear about the plans and timescale to resolution. Where short-term problems occur, for either the landlord (e.g. maintenance issues) or tenant (e.g. paying of rent), Easy to enter and leave the sector Tenants would be able to find Landlords would be able to find suitable accredited, good landlords through a information and support to buy a trusted and easy to use mechanism. property, set it up for rent (adhering to They would have clarity about the rent all relevant legislation) and meet any levels and how this compares to others licencing conditions of the local area. in the local area. Landlords would find it easy to find new Tenants would understand the tenants, especially if they are responsibilities of taking on a tenancy considered a good and accredited and start a new tenancy at a timescale landlord. When it comes to leaving the that meets their needs. When leaving a sector landlords would be able to end tenancy, tenants would give fair notice, any existing tenancies in an orderly have any outstanding deposits returned fashion within a reasonable timescale to them excepting any fair and and pass on or sell the property. Ideally reasonable charges which are fully this would be to another good landlord. understood. Works well with other tenures and is part of the community Those who live in the PRS, especially All stakeholders (such as the council, those in (HMO) Houses of Multiple University, landlords etc.) would work Occupation, would be respectful of together to promote community neighbours who may be in other engagement. tenures. Eventually it would be difficult to identify All users of the PRS would feel that they a PRS property from any other type of are part of their local community and tenure. have a responsibility to play their part in maintaining local environmental standards and a reasonable behaviour. Regulation All who were in the PRS would have schemes are introduced, it should be at clear access to information which the aim of helping those who need it explained what was expected from most. them, the national legislation, local policy and the enforcement regime. Good behaviour by tenants and landlords would be supported and The council would only introduce policy encouraged through appropriate changes or local regulation after accreditation schemes and the providing suitable evidence. Where provision of information and education. Page 17 of 29
Private Rental Sector Strategy 2021-2026 Local and national bodies who Where investigations are undertaken, represent landlords and tenants would all would be clear of the reasons and be visible. the outcome, and any formal action that would be taken. The council would look Victims of crime within the PRS would to take all possible steps to remove be able to quickly and easily report it to criminal activity and wherever possible the council, where it would be handled prevent individuals returning to the by professional officers who would sector. This work would include provide the appropriate support and collaborative working with The Police. advice to help determine the best course of action. Page 18 of 29
Private Rental Sector Strategy 2021-2026 Section 3: Strategic aim and objectives The previous section of this strategy has identified what an ideal well- 4. The maintenance of tenancies functioning PRS would look like in will be supported, as far as Portsmouth. These behaviours are possible, using a range of seen on many occasions, but this routes to try to resolve strategy should be more ambitious problems without the need for about what can be done to make it a eviction. reality for more users. Therefore it proposes the following strategic aims 5. Users of the PRS will be a and objectives. stronger part of, and more integrated with, their local Aims community. This will increase To achieve an active and well- inclusion and cohesion with functioning PRS which works fairly other tenures. for all. 6. A wide range of stakeholders For the PRS to be seen as a desirable and user groups will work type of tenure which meets the together to provide a focal point needs of those who use it, with for the delivery of outcomes. support being focussed on those who need it most. 7. Tenants and landlords will be Objectives considered when significant decision-making within the city 1. Good landlords will be occurs, and that the benefits of welcomed, supported and economic regeneration will be promoted through the use felt equitably by those within of accreditation. the PRS. 2. Information and guidance 8. Fair, transparent and for landlords and tenants professional regulatory will be clear, easy to functions will provide access to enable them to reassurance and support to all make fully informed that request it and not choices when entering and adversely affect those that need moving around the PRS. help by adding disproportionate burden. 3. More tenants can afford a sustainable rent level. 9. Strong regulators will use all of More tenants will also their powers, working with receive support in partner agencies and overcoming financial stakeholders, to tackle and access barriers such as remove criminal and antisocial deposits and bonds. behaviour. Page 19 of 29
Private Rental Sector Strategy 2021-2026 Strategic objective Affordability Safety Security Easy to Works well with Regulation enter and the community leave 1. Good landlords will welcomed, supported and promoted Y y Y y through the use of accreditation 2. Information and guidance for landlords and tenants will be y Y y clear, easy to access to enable them to make fully informed choices when entering and moving around the PRS 3. More tenants who can sustainably afford rent will be Y encouraged. More tenants will also receive support in overcoming financial access barriers such as deposits and bonds 4. The maintenance of tenancies will be supported, as far as y Y possible, using a range of routes to try to resolve problems without the need for eviction 5. Users of the PRS will be a stronger part of, and more y integrated with, their local community. This will increase inclusion and cohesion with other tenures. 6. A wide range of stakeholders and user groups will work Y y together to provide a focal point for the delivery of outcomes. 7. Tenants and landlords will be considered when significant y decision-making within the city occurs, and that the benefits of economic regeneration will be felt equitably by those within the PRS 8. Fair and transparent and professional regulatory functions will y y provide reassurance and support to all that request it, and not adversely affect those that need help by adding disproportionate burden. 9. Strong regulators will use all of their powers, working with y y y partner agencies and stakeholders, to tackle and remove criminal and antisocial behaviour. Page 20 of 29
Private Rental Sector Strategy 2021-2026 Section 4: The roles currently undertaken by Portsmouth City Council in support of the Private Rental Sector. The council currently undertakes a Three, many of which are number of roles and delivers a number complementary. of services and support in a number of ways with regard to the PRS, and this By providing clarity on its role it gives a part of the strategy aims to outline clear direction on the direction it is those. It also considers what further taking and the actions it should take. actions could be taken to deliver the Also, in a time of restricted resources, it strategic aims and objectives of Section gives clear guidance on the prioritisation of resources. Advise, Educate and Signpost Advise A significant role for the council is that Housing Standards and Health of providing specific advice for PRS & Safety in the home. tenants, landlords and neighbours. It How to apply for a licence to does this through a number of manage an HMO. channels, including the council website, How to save money in the home city help desk and direct to the Private Waste collection dates. Sector Housing Service, Planning service and others. Areas of advice However this information has been include: organically created over a number of years and it is unknown if this reflects the needs of the customer. Educate In many instances the council goes advisors who can meet face to face and beyond simple advice and offers more help tenants to understand their in-depth support and education to finances in consequences of choices stakeholders. and places to receive help. Being a good tenant The council’s Housing Needs, Advise and Support service advises tenants The council’s website has helpful who are faced with homelessness, information on how people can look working with them and landlords to try after their finances to ensure that they to prevent an eviction wherever are successfully managing to pay their possible. rent and other bills. There is online support on how to apply for benefits and In cases where further support is to ensure that the user has applied for required tenants are referred to third everything that they are entitled to. sector organisations who run various However this is less than the support schemes to support tenants who could that tenants within council-owned stock be at risk of losing their tenancy receive, who have access to money (including local authority tenants). The Page 21 of 29
Private Rental Sector Strategy 2021-2026 schemes aim to educate them on how an Energy Performance Certificate) to be a better tenant by managing and how to evict a tenant legally. budgets, applying for the right benefits, managing the household and Housing Needs Advice and Support will sometimes working to prevent anti- contact a landlord should a tenant come social behaviour. to them with a potential eviction concern. They will also discuss the The council will provide advice to a eviction process with a landlord. If the tenant on what their responsibilities are landlord appears to have served to the property that they are living in. eviction paperwork incorrectly they will This is especially important if the be advised of this. tenant's lifestyle is contributing towards the disrepair. The council website provides landlords with information about how to apply for The Private Sector Housing service planning permission to own a House in currently educates students in how to Multiple Occupation. It also provides be good tenants and integrate into the information on how all properties community. They will also work with should be kept free from hazards that tenants, when there are concerns can cause harm to the occupier. There raised by neighbours, with the aim of is information on how to carry out your creating a more integrated community. own risk assessment for your property as well as who to contact if you need Being a good landlord further support. The housing standards and licensing The Rent it Right Website provides a team work with landlords to ensure that comprehensive guide for landlords to they understand what their learn about all areas of the rented responsibilities are to their tenants. This sector and what is expected of them. will include; ensuring that the house The website includes links to the that they are renting is safe and free planning portal to make an application from health and safety hazards; they to create a House in Multiple provide the correct paperwork to their Occupation to being an accredited tenant (e.g. a gas safe certificate and landlord through the Rent it Right Scheme. Signpost The council also undertakes a role to Roberts Centre, direct stakeholders in the direction of Age UK, non-council services which can provide Shelter, services and further assistance. HM Police, Currently the council signposts to a Hampshire Fire and Rescue range of organisations third parties who Service, may be better placed, and or have a Coroner's Office and statutory or contractual duty to provide The Land Registry. such support. These include: The University of Portsmouth Portsmouth & District Private Citizens Advice Bureau, Landlords Association Advice Portsmouth (through a contract funded by the council), Page 22 of 29
Private Rental Sector Strategy 2021-2026 It is vital that the city retains, and This is because each organisation has possibly expands, the number of a different role, with different external stakeholders who can provide knowledge, powers and focus which will and support to those within the PRS. ensure that Protect, regulate and enforce Currently the council has a number of Planning enforcement resources working together who have o Investigates breaches in within their remit a role to ensure planning legislation to compliance with the law within the PRS. ensure that the development of the city follows the Town These include: and Country Planning Act Private Sector Housing 1990 and Planning (Listed o Compliance of legislation building and conservation under such acts as the area) Act (1990). Housing Act 2004 and Public o Building control are Health. This function is responsible for ensuring that mainly carried out through building works within the city inspections prompted by comply with legislation under complaints to Housing the Building Regulations Act Standards or through routine 2010 and the Building Act inspections for licensing of 1984. When a building is Houses in Multiple reported to them as Occupation (HMO). dangerous they use their legislation to ensure it does Environmental Health and not put the public or Trading Standards occupiers at risk. o Investigate noise complaints. Housing Needs Advice and Support Safe Clean and Tidy o Help people who are o Domestic dumping (fly- homeless, or are at risk of tipping) and work with the becoming homeless, by Waste collection team when assessing each persons domestic rubbish is placed need and creating a housing out for early collection. plan. This is in compliance o Anti-social behaviour within with the Homelessness the community. Reduction Act 2018. Manage private rented property Managing properties to meet the needs of those who are homeless The council’s Rent it Right leasing that is paid quarterly in advance. They scheme is able to manage private can also opt for a full repairing scheme rented properties on behalf of landlords as part of the agreement. The property for between 3 and 5 years. It provides a is handed back to the owner at the end landlord with an agreed rental income of the agreed leased term in the same Page 23 of 29
Private Rental Sector Strategy 2021-2026 condition as it was rented to the council, This service was relaunched in summer minus fair wear and tear. The council of 2019 and currently the leasing manages the property, and the scheme only rents properties to tenants tenancies, with tenants being selected who are on the housing waiting list. The from the housing waiting list. properties are not, therefore, for general tenant access. Managing properties due to previous failure of the landlord If, upon inspection, a property if found served on long term empty properties to be an unlicensed House in Multiple (more than empty for 2 years.) The local Occupation (HMO), or if the HMO is not authority serve an Interim and Final being managed correctly, an Interim EDMO on a property and then manage Management Order can be served. The it for 7 years. The tenants are selected council will then manage the property from the housing waiting list. on the owner's behalf until the In both circumstances the Council management of the property is becomes the landlord for these resolved, with all costs being passed to properties through the Housing Act the landlord 2004. An Empty Dwelling Management Order (EDMO) works in a similar way but is Enabler of Finance Lend rent deposits and guarantees The council currently provides rent to move into if they are already entitled deposits for those on Housing Benefit. to housing benefit or the housing costs Housing Needs Advice and Support will element of Universal Credit at their also provide a means tested deposit to present home. help prevent someone from being made homeless. https://www.portsmouth.gov.uk/ext/doc uments-external/ben-rbe-dhp-policy- Discretionary Housing Payments 2018.pdf (DHP) is something that a tenant can claim for to help them stay in their Extended Housing Benefit is a payment rented property or move into new for 4 weeks of an existing Housing accommodation. Benefit agreement that is going to reduce as a result of a change in DHP can only be awarded to claimants circumstances to the tenant. This receiving housing benefit or the change in circumstance could be an housing costs element of Universal increase in the number of paid working Credit, which does not meet the full hours. The extended benefit provides amount of their eligible rent (housing the tenant with reassurance that they costs). DHP can also be awarded for a will still be able to pay their rent whilst rent deposit or rent in advance scheme their circumstances are changing. for a property that the customer has yet Page 24 of 29
Private Rental Sector Strategy 2021-2026 Provide finance to undertake works on properties to make them safe. The council, through the Private Sector and will continue this function Housing Service, currently provides whilst it is being managed by the access to low cost finance for home local authority. renovations in a number of Should someone require a circumstances. disabled facilities adaptation, so A property may be subject to that they can stay in their home, enforcement and, if the owner the Housing Renewals team will does not carry out the works also ensure that the property is required, the council may look to free from any other hazards carry out works in default to under the Housing Act 2004. The ensure that the rented property work schedule that they create is safe to use by the tenants. will reflect these requirements to make the property safe for the If an IMO is in place the council occupier. will have to remove all hazards from the property as part of Building Control will assess ensuring it is properly managed. properties that are considered Costs incurred will be sought dilapidated and cause for from the owner as part of the concern. If they feel that there is IMO. an immediate risk to the occupier, and or general public, The EDMO (which is served on they will carry out any necessary long term empty properties) will works to remove this risk. The require the property to have be costs incurred will then be safe for use of tenants for 7 sought from the owner of the years. Therefore the council will property. carry out all necessary repairs prior to the property being rented Controller Determine where HMOs are built. The decision regarding how many https://www.portsmouth.gov.uk/ext/doc HMO's can be permitted in certain uments-external/pln-portsmouth-plan- areas of Portsmouth is based on the post-adoption.pdf Portsmouth Plan and PCS20 "houses in multiple occupation (HMOs) ensuring The policy outcome is to avoid mixed and balanced communities." concentrations of HMO's within the city and the planning department are responsible for this determination. Determine use of land The Portsmouth Plan sets out the future document to ensure that its aims and development of Portsmouth until 2027. objectives are being met. Any changes and developments to Portsmouth will need to be measured If Portsmouth City Council owns the against this overarching planning land the portfolio holder would Page 25 of 29
Private Rental Sector Strategy 2021-2026 determine the use of it. This would be in to access should they wish to develop conjunction with other departments in that authority's area. such as planning to ensure that the land was being put to best use. For example The purpose of the register is that a building more houses on Council developer will know what sites are owned land. ready for housing development as the land has already been determined by The Town and Country Planning the Council. This should speed up the (Brownfield Land Register) Regulations construction process as a developer will 2017 places responsibility on a local know what sites they can purchase and authority to prepare and maintain a build on quickly. register of land for housing developers Section 5: Strategic action plan for Portsmouth City Council In order to achieve the strategic aims to enable the actions to be begin to be and objectives of this strategy a range pursued immediately. of additional actions can be taken by the council. These have been identified Officers will be required to bring further, and fall into two broad categories: more detailed, reports to councillors for approval before any can be Those which can be pursued permanently implemented. These will under existing approval or outline costs, timescales, risks, impacts delegated authority and have and an operational delivery plan. All of existing resources to enable these actions will be reviewed and a delivery, or more detailed plan for timescales will be Those that require additional established, the aim is that agreed approval by the council and/or actions within the final strategy will be additional resources in order completed within the five year period. to deliver the action. Progress of this will be monitored by the Cabinet Member for Housing & For actions 1-14, council officers can Preventing Homelessness. use existing approvals and resources, Page 26 of 29
Private Rental Sector Strategy 2021-2026 Actions for which permissions and resources exist Action Description Strategic number Objective 1 HMOs: Continue to deal proactively when an unlicensed HMO is reported. 7 2 Training: Ensure that officers responsible for regulating the PRS are trained to a professional standard and 8 capable of meeting the needs of this strategy. 3 Communication/information: Provide more information for tenants, such as average market rents across 6 property sizes. Expand on the current website information on what makes a good tenant (including different situations). Investigate with third party stakeholders the feasibility for closer partnership working on a single communications and web strategy. 4 Governance: Develop the current HMO governance board into a multi-agency partnership group which 2,6 oversee this strategy. Review the stakeholders to ensure that all voices are covered. Investigate with third party stakeholders the feasibility for closer partnership working on a single communications and web strategy. 5 Financial support: Undertake a pilot of the rent deposit and bond scheme. 6 6 Shared services: Work more closely with stakeholders to increase the understanding of the services that 8 could be provided across Portsmouth to support the PRS. 7 Council internal processes: Implement the revised supplementary planning document for HMOs. Review 8,9 all relevant enforcement policies to make them more transparent. Work with other local authorities to find new ideas to support the PRS. Ensure that data sharing, both within the Council and with external partners is maximised, within legislation. 8 Pilots: Working with stakeholders, approach the MHCLG to look for support in the development and 7 implementation of this strategy, with a particular request to pilot some of the changes identified in actions. Page 27 of 29
Private Rental Sector Strategy 2021-2026 Actions requiring more detailed investigation, resources and/or permission Action Description Strategic number Objective 1 Workshops: (A) Work with landlord groups to provide workshops on how to be a good landlord. E.g. how to 1,2,4 choose appropriate tenants and carrying out their own HHSRS assessment on their property. (B) Work with tenancy groups to provide workshops on how to be a good tenant, aimed at helping a tenant to maintain a tenancy. Focussing on money management, behaviour & how to work with the landlord. 2 Mediation: Create a mediation service between landlords and tenants to help improve security of tenure. 4 This may include a 'private sector housing court'. 3 Financial support for the PRS: Provide loans for good, accredited landlords to improve the quality of their 1,3,4,5, property. Provide low interest loans for those who are eligible to be able to access the private rental sector (the loan will cover the rent deposit and any additional fees required to be paid to enter the Private Rental Sector). Provide bonds to help those who are eligible to gain access to the PRS. 4 Accreditation: Expand the Rent it Right model to help more tenants across the PRS. Working with multi 1 agency partners, develop the council's accreditation scheme to offer benefits to good landlords. 5 Additional licencing: Consult on reintroducing additional licencing for HMOs to help in the better 3 management of them and understand how they interact with the local community. Page 28 of 29
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