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Tackling Disrepair in The PRS

Alexander Campbell Barrister at Hardwicke Chambers comments

Renting is on the rise in England and Wales. The dream of home ownership is out of reach for many people and, according to figures obtained by the Department for Communities and Local Government, almost half of people renting a home are now aged 35 and over. A 2014 survey revealed that one in three renters expect to live in a rented property for the rest of their lives. This is despite the fact that the same survey revealed that only 6% of renters are renting out of choice.

While there have always been tenants who have suffered the misery of having to live in inadequate conditions, a recent study produced by Shelter and British Gas revealed the extent of the problem facing the private rented sector today. The report, entitled Safe and Decent Homes: Solutions for a Better Private Rented Sector, reveals that 61% of renters had experienced problems such as damp, mould, leaks or rodent infestations in a 12 month period, while 10% of renters have suffered poor health as a result of their landlord failing to deal with repairs in the property promptly.

The report identifies the crux of the problem facing many renters: since demand outstrips supply in the private rented sector, many renters lack the bargaining power to be able to insist on their landlord taking their repairing obligations seriously. For renters with periodic tenancies, there looms the ever present threat of being evicted if their landlord becomes unhappy at their complaints about the condition of the property. Indeed the report found that more than 300,000 renters every year are evicted or threatened with eviction as a result of their complaining about conditions in the property.

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