Property Guardians

(asked on 8th July 2020) - View Source

Question to the Department for Levelling Up, Housing & Communities:

To ask Her Majesty's Government what steps they are taking to prevent the exploitation of (1) property guardians, and (2) all those living in a property under a licensing arrangement.


Answered by
Lord Greenhalgh Portrait
Lord Greenhalgh
This question was answered on 22nd July 2020

All property guardians, whether they are on a tenancy or licence agreement, should contact their local authority if they are concerned about property conditions, unlawful eviction or harassment. In some cases, property guardians may in fact have a tenancy even when the agreement is labelled as a licence. If property guardians do not know whether they have a licence or a tenancy they should seek independent advice.

If a local authority thinks that there may be serious risks to the health and safety of those living in a guardian property, they can inspect a property even when they haven’t been contacted by tenants - whether or not it is let on an a tenancy or a licence. The Housing Act 2004 gives local authorities powers of entry in these cases.

The Housing Health and Safety Rating System (HHSRS) applies across all tenures; it can be used to assess hazards in all residential premises including those let to property guardians and applies to all parts of a building that are occupied as a dwelling. If a local authority identifies a serious ‘category 1’ hazard, they have a duty to take action.

Local authorities have strong enforcement powers and the Department published consolidated enforcement guidance for local authorities in April 2019 which sets out their duties when dealing with property guardian properties, including those on a licence agreement. This was accompanied by guidance for renters. We have also published a property guardian factsheet to help potential or current property guardians to understand their rights.

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