Renting homes
A project to modernise and simplify the law on housing tenure.
This project has been led by Professor Martin Partington CBE, from 2001 to 2005 as Commissioner, and since then as Special Consultant to the Law Commission.
A third of the population of England and Wales - six million households - rent their homes. The law governing their relationship with their landlords is an irrationally complicated mess. This project seeks to replace it with a modernised, understandable, and just legal structure.
On 5 May 2006 we published Renting Homes: The Final Report (Law Com No 297). Volume 1 explains our recommendations and contains an illustrative model secure contract and standard periodic contract. Volume 2 contains the draft Rented Homes Bill. A summary and press release are also available.
(Renting Homes (Law Com No 284) was issued in November 2003, in advance of the draft Bill and final report. This report recommended a new legal regime built on a consumer approach to the law, under which everyone renting a home would have access to a definitive written agreement clearly setting out their rights and obligations.)
We recommend a simple system of secure and standard contracts, in place of the existing multiplicity of tenancy and licence types.
Landlords and occupiers would benefit from:
- Identical contracts for council and housing association tenants. This will increase the security of the nearly 1.5 million housing association tenant households.
- Improvements to council and housing association tenants' rights; eg, better succession rights and the right to apply to add a partner or flatmate to the contract.
- Government approved model contracts to make private renting easier, cheaper and more flexible.
- A clear and practical legal framework for supported housing, which provides accommodation for people with drink, drug or mental health problems, women's refuges, etc.
Our recommendations would allow for the abolition of:
- secure tenancies
- assured tenancies
- assured shorthold tenancies
- introductory tenancies
- demoted tenancies
- various varieties of common law tenancies
The only major existing form of tenancy not to be abolished would be Rent Act tenancies, but there would be a power for the Secretary of State/Welsh Assembly Government to do so.
Background
We issued two consultation papers:
Renting Homes 1: Status and Security, April 2002 (CP 162)
Renting Homes 2: Co-occupation, Transfer and Succession, November 2002 (CP 168)
A substantial number of people were involved in our extensive consultation process. We had over 600 formal, written responses to the two consultation papers and members of the team addressed over 100 conferences, seminars, workshops and other meetings on the proposals.
For more information, contact the public law team or go to the team page.
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