Draft Private Rented Sector Database Regulations 2026 Debate
Full Debate: Read Full DebateGareth Bacon
Main Page: Gareth Bacon (Conservative - Orpington)Department Debates - View all Gareth Bacon's debates with the Ministry of Housing, Communities and Local Government
(2 days, 11 hours ago)
General CommitteesIt is a pleasure to serve under your chairmanship, Mr Wishart—in this case, I think it is my first time. I welcome the opportunity to sit opposite the Minister again, and I appreciate the remarks he has made in this debate. I also welcome this opportunity to address the regulations on behalf of His Majesty’s Opposition.
A fair, honest and accountable private rented sector is important for landlords, agents and tenants alike—I think there is no dispute on that. Indeed, any system concerning people’s homes and property must be transparent. From what I have heard, providers in the private rented sector are broadly united in agreement on that point. The National Residential Landlords Association said,
“If designed well, the Database should make it easy for landlords to demonstrate compliance with their obligations…whilst empowering tenants to distinguish between the responsible majority and the rogue and criminal minority of landlords.”
The Large Agents Representation Group said:
“With the correct design, it would make compliance easier to demonstrate for landlords and their agents…give tenants greater confidence about the homes they rent and provide local authorities with better information to target enforcement against those who fail to meet the required standards.”
However, the NRLA has described these regulations as “a costly mess”. The idea of a national register is not in itself disagreeable, but the proposed implementation and structure of this database is alien to any common-sense approach. First, and most strikingly, the Government have designed the database with barely a fifth of the providers in mind. Landlords with a single property are responsible for just 21% of tenancies in England, according to the 2024 English private landlord survey. The other roughly four fifths of tenancies are managed by landlords with more than one property, including some with thousands. Indeed, around one in five landlords hold nearly half of all tenancies.
It is 2026. Advanced technology is available, yet the Government’s proposals envisage the manual uploading of each individual property. The regulations as they stand make no provision for bulk uploads, forcing landlords to upload properties one by one—Noah processed more animals on to the ark at a time than that. Each property requires around 70 data points, so that is an awful lot of admin with huge time implications, and much of the information required is already submitted to councils through existing licensing schemes.
The Large Agents Representation Group, which represents some of the largest portfolios in the country through clients such as Chestertons, Hamptons, Knight Frank, Savills and Foxtons, calculates that if it takes 10 minutes to register an individual property, as the Government’s estimate apparently shows, that means over 1,600 staff hours for a 10,000 property portfolio—or about 3,300 hours for the 20 minutes it actually expects it to take.
On that point, larger providers disagree with the Government’s estimate of the time it will take to upload data, so the associated costs of uploading per property could be even higher. Assuming that it takes 30 minutes per property and there are seven productive working hours in a day, that amounts to 214 working days for a 3,000 property portfolio and 714 days for a 10,000 property portfolio.
That is a long way from being the only problem with the proposed database. The regulations stipulate that landlords must start and end the registration themselves, and agents can supply only certain information. That directly contradicts the Government’s impact assessment, which assumed that agents would register on the landlord’s behalf.
Then there is the lack of an audit trail. Because of the system favoured by the Government, landlords have no ability to verify and validate data on a portfolio basis. They have no access controls nor an audit trail for data uploads, changes or deletions. The consequence of that is obvious: a heightened risk of exposure to administrative errors, consequent fines, which can range from £7,000 to £40,000, and a host of compliance and audit risks.
Then we come to the subject of cost. The Renters’ Rights Act included in its impact assessment an estimated data registration fee of £28.85 per property every three years. Now the Government have confirmed a fee of £65 per property every single year, as the regulations require entries to be renewed every 12 months. For the 80% of landlords in the market who care for more than one property, that represents a significant and unplanned recurring cost, and no one in the sector knows where the £65 figure came from nor how it can be justified. Perhaps the Minister can provide a clear explanation in his closing remarks of how that £65 has been calculated.
Although the providers in the private rented sector are in broad agreement with the concept of a database, they are also united in viewing the approach of this Government as a total disaster. None of the concerns that I have outlined should come as news to the Government, because they have all been raised directly with Government officials by industry representatives. Many of those who I have spoken to thought that the Government had heard their concerns and were making adjustments, only to discover later that they had been ignored entirely. How do the Government expect to earn or maintain the trust of the whole sector when they ignore its concerns and blindside it with extra financial and labour costs?
The Large Agents Representation Group has summed up the Government’s proposals:
“Instead of making best use of data already held across Government and other established systems…the proposed approach required landlords and agents to manually and repeatedly input and maintain information that in most cases is already available elsewhere…creating unnecessary duplication, administrative burden and risk of inaccuracy for all stakeholders. The decisions being made now about its underlying architecture risk embedding unnecessary bureaucracy and practical problems from the outset. This is concerning when significant fees are being imposed and non-compliance carries substantial and lasting penalties.”
The significant additional costs and administrative burdens imposed by this approach are likely to have damaging repercussions. Voices in the build-to-rent sector, a sector vital to assisting in the delivery of new homes, have said
“This will inevitably deter much-needed investment in new homes…particularly at this time of ‘viability crisis.’”
These are just a few of the significant issues shared with me by industry. The database, as proposed by the Government, is not fit for purpose. It is not good enough to impose something that everyone knows is not going to work just so that the Government can claim that they are taking action. The regulations represent the very worst of a Government hellbent on regulating first and worrying about the consequences later. Empty promises of continuing improvements do not cut the mustard. The sector, already saddled by over-regulation and tax hikes, needs efficiencies, not even more constraints.
I implore the Minister to pause the impending roll-out of the regulations, which are due for implementation in just a couple of weeks’ time, scrap the current proposals and produce new ones after proper consultation with industry. I say that more in hope than expectation, so the Opposition will seek to divide and vote against the measures.
The hon. Gentleman shakes his head at me, but if landlords have a way of integrating their service and of providing that faster upload, that is precisely what we are trying to look at already.
Would it not, then, be better for the Minister to pause these regulations now, explore that fully and come back once he has adapted the system, so that that can be incorporated? This comes back to the point I was making about regulating now and trying to fiddle with it later. It is not going to work, as large landlords are telling the Minister. Why not pause, work it out and then come back?
We are not going to pause—I say this to the shadow Minister quite plainly—because we want the database in place. It has benefits for landlords in understanding their legal responsibility, and it has benefits for tenants. This is the first of two statutory instruments, as I have made clear. We think we can do that work, working with the sector to understand how we might integrate their management systems.