112
‘Regulatory burden’
There have been several changes to regulation relating to the private rented sector, and
landlords were asked their views on the right to rent, the tenant fees ban, electrical
compliance, energy efficiency certification and licensing schemes. It is not the intention to
explore each of these areas in detail. Rather, the requirement to comply with a swathe of
new regulations added up to what landlords generally regarded as a heavier regulatory
burden. This was not to say that landlords were unwilling to meet the statutory
requirements: many regarded property safety as a priority. However, there was a sense in
which the speed with which new regulations were being introduced was beginning to be
unmanageable: landlords felt unable to plan future expenditure. For example, a change in
deadlines relating to energy efficiency compliance created difficulties for smaller landlords
who needed time to accrue the capital to make the required changes.
One small landlord, reflecting on the required upgrade to her houses to meet the energy
performance rating, commented that it was the accumulation of requirements that she
could not manage: ‘It’s everything else that keeps on coming to be honest’ [LL22]’; she was
considering selling her two properties. Other landlords agreed: ‘It’s a cumulative drip, drip’
[LL16]; and 'All of it has an impact of one sort or another. It’s plainly been accumulative as
these things have come in one at a time, over a period of years, and yes, it all adds up’ [LL17].
In addition, there was general agreement with the view that penalties for non-compliance
were disproportionate. More than one landlord mentioned the prospect of a fine for up to
£30,000 and feared the cost of making a mistake inadvertently. One landlord mentioned
problems with ensuring that tenants did not remove batteries from smoke alarms, which
could leave him exposed in court: ‘Who is at fault for that? I don’t want to stand up in court
and have to defend it, knowing that I’ve done everything right. It’s my head on the block at the
end of the day’ [LL31]. Another landlord said that he no longer asked the tenant for a
deposit, ‘because the potential penalty for getting that wrong is enormous’. He preferred the
potential loss of £400 or £500 against a fine of thousands, ‘then you’ve got no-win, no-fee
solicitors getting involved’ [LL27].
Hassle
For many landlords, issues relating to UC and to regulation were bound together to
increase the level of ‘hassle’ attached to the job. Landlords often reflected on the time they
spent managing their portfolios, but none attached a monetary cost. They were rather
more likely to dwell on the circumstances which led to what they regarded as unnecessary
calls on their time. One stakeholder characterised the landlord life:
‘None of it's glamorous, I can assure you! It's hassle, and when the landlords are
getting the sob stories, whether they're made up or genuine, because there's stuff
that goes on in people's lives, then if you are treating that as a nine-to-five job, and
that is encroaching on your personal time day in and day out, that's a drain. It is a
drain, because you don't know how to process it, because it's not your profession.
You're not in that world; it's just you're trying to have dinner with your family of a
night and the phone's going again, and this is going. I mean, I have quite a lot of
respect for the bigger landlords who are decent, by and large, because the amount
of work they put in is…they made a decision in their 20s to go, “I'm going to graft for