Housing: Landlord and Tenant Legislation

Baroness Gardner of Parkes Excerpts

Monday 7th November 2011 Lords Chamber

Asked By

[Baroness Gardner of Parkes]

To ask Her Majesty’s Government whether they will consolidate all landlord and tenant legislation.

[Baroness Gardner of Parkes]

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and I declare a long-standing property interest, which is in the register.

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Hanham)]

My Lords, the Government have no plans to consolidate all landlord and tenant legislation. “Landlord and tenant legislation” covers social and private renting, plus residential leasehold. It also covers renting and leasing in the commercial sector. The features and requirements of each housing sector or tenure type are reflected in specific legislation. A wide range of housing regulations is now being looked at as part of the red tape challenge.

[Baroness Gardner of Parkes]

I thank the Minister for that disappointing Answer. The problem is that as each statute replaces something in the previous one, it has reached the point where even legal practitioners have great difficulty following these laws. Does she not think that a consolidation Act would mean that it could get to a point where ordinary leaseholders and tenants might be able to check on their own duties and responsibilities, which would be worth while?

[Baroness Hanham]

My Lords, consolidation Acts take an enormous time to put together. As I have already said, landlord and tenant law covers several Acts. We appreciate that leasehold law in particular can be complex and that people find it difficult to understand. That is why the department provides guidance for leaseholders and free advice and information, which can be sought from the Leasehold Advisory Service. Consolidating legislation, while helpful, requires considerable Civil Service and parliamentary time, so there needs to be a very significant benefit from it.