Two-thirds of councils in England have not prosecuted a single landlord for housing violations in the last three years, despite receiving approximately 300,000 complaints from tenants living in unsafe and unfit conditions. This shocking number exposes an unconscionable enforcement gap between the types of enforcement actions against a landlord. Across the country, tenant welfare is dramatically endangered, which we should all find deeply concerning.
Local authorities had turned to the informal approach, as opposed to the formal legal route. This move back towards multi-year settlements is no more apparent than in some of the larger councils like Croydon and Leeds. Leeds council addressed 2,797 of these complaints and was able to successfully prosecute 24 rogue landlords. At the same time, Croydon council received 4,461 complaints from tenants but failed to take any enforcement action, instead issuing just three civil penalty notices. The jarring difference in enforcement action heightens the concern that councils simply do not have enough resources and therefore budgetary resources to enforce on housing.
From 2022 to 2024, the latest available data, almost half of all local authorities with delegated housing enforcement powers issued no fines to landlords. In the meantime, more than a third of local authorities did not take formal enforcement action. As a result, millions were able to remain illegally renting out homes without any enforcement action taken. Councils together only prosecuted 640 landlords and served 4,702 civil penalty notices over this period.
This decline in enforcement capabilities is coupled with a $40 million dollar loss in funding for councils. Between 2010 and 2020, enforcement funding dropped remarkably by a mean of 41%. Conversely, at the same time, the number of staff working on the enforcement side dropped by more than a third. Tom Hunt, leader of Sheffield council, expressed concern over the minimal formal enforcement occurring, stating, “Across the last 15 years, councils have seen a huge reduction in their budget.”
Councils already have a daunting list of challenges in enforcing housing regulations. To assist them in readying themselves to enforce the new Renters’ Rights Act, the Ministry of Housing, Communities and Local Government has made available £18 million in “burdens funding.” Responding to Rightmove’s concerns, a spokesperson pointed out that the route to requiring councils to act on rule-breaking landlords would be legally binding.
“Everyone deserves a safe and decent place to live, which is why our landmark Renters’ Rights Act will legally require councils to crack down on rule-breaking landlords.” – Ministry of Housing, Communities and Local Government spokesperson
Councils like Ealing are full of determination to do all they can to make the private rented sector a better place to live. An Ealing council spokesperson stated that they are “working hard to improve conditions in the private rented sector and making sure private tenants have safe and stable homes.” To that end, they emphasized a “graduated enforcement approach.” This approach allows landlords an opportunity to address issues before more formal enforcement, such as the serving of landlord improvement notices, is done.
The truth is that most councils do not have the resources to enforce regulations. Gavin White, Manchester city council’s executive member for housing, acknowledged this challenge, noting that raising funds for enforcement is crucial. He remarked, “It’s something we want to do, so there’s a political ambition there. It’s just how we get ourselves ready for that.”
Yet Councils are taking unprecedented steps to address deteriorating housing conditions through backdoor measures. Yet critics maintain that without stringent enforcement and penalty measures, the legislation does little to effect change. Tom Darling highlighted this concern by stating, “Legislation without enforcement to back it up is just paperwork.”
Nye Jones underscored the critical issue at hand: “Councils simply don’t have the resources to enforce, leaving landlords across the country not fulfilling their obligations, and renters living in awful conditions that impact their physical and mental health.”
These tenant complaints are a stark contrast to ICE’s enforcement actions. This disparity raises urgent questions around the effectiveness of housing policies so far and further emphasizes the crucial need for councils to be given adequate funding and resources. It is no secret that local governments are under tremendous resource pressures. As the demand for tenant protections expands, housing enforcement’s future seems dimmer by the day.