30th January 2003 - ARLA Conference

Delegates to the ARLA Annual Conference last week heard Law Commissioner Professor Martin Partington tell them that they are the key to the success of the Private Rented Sector.

Professor Partington told Conference that, on analysis, responses to consultation on housing law showed that mistrust was a most recurrent theme.

“This problem can be resolved by the professional associations, such as ARLA, leading the way in maintaining high standards, high service levels and improving communications,” Professor Partington said.

Delegates heard that the overall objective of reform to housing law is to encourage a consumer approach to renting. This requires simplified legislation, a flexible but stable legal framework for the PRS and a balance of rights and responsibilities for both landlords and tenants.

As a result, Professor Partington felt that the greatest challenge facing the Law Commission is the introduction of a Model Tenancy Agreement. Once a Model Agreement is accepted as law, it will not be compulsory but it will be deemed acceptable by the Office of Fair Trading.

Professor Partington hailed the introduction of the ARLA Model Tenancy Agreement last year.

Other issues raised during the consultation process included unfair evictions, the improvement of possession proceedings, the introduction of property courts and action on anti-social behaviour.

A further major issue is the six month moratorium on gaining possession. Professor Partington said that as there was no clear evidence that the six month limit provides any real security for tenants, it is likely that the commission will recommend the six month rule is abolished.

Commenting on the Law Commissioners speech to delegates, ARLA Chief Executive, Adrian Turner said, “It is both gratifying and complementary that the hard work that ARLA has put in over the decades to further standards, encourage clear communication and good working relationships between landlord, tenant and agent should soon bear fruit in the Law Commission proposals.”

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