Regulating the private rented sector: millennial themes

DOIhttps://doi.org/10.1108/JPPEL-03-2018-0010
Pages154-168
Published date20 August 2018
Date20 August 2018
AuthorTola Amodu
Subject MatterReal estate & property,Property law,Building & construction
Regulating the private rented
sector: millennial themes
Tola Amodu
School of Law, University of East Anglia, Norwich, UK
Abstract
Purpose This paper considers the evolutionof government policies regarding the provision of housing in
the private rented sector and the regulation of landlord behaviour by mapping this onto known regulatory
theory. It arguesthat the current regulatory trajectory is highly problematicboth from the perspective of land
law (by furtherattenuating the conception of propertyrights) and indeed regulatory compliance.
Design/methodology/approach The approach maps successive governmentspolicy stance, what is
known of the conf‌iguration of the sector and the current demand for housing against evolving regulatory
theory (inparticular compliance). The piece draws on bothproperty theory and economic analysis.
Findings Enrolling private sector landlords to enforce policies, other thanthose relating to the landlord
and tenant relation(as indicated by the right to rentprovisions), and attempts at professionalizingthe sector
may be highly problematic. Furthermore, the growth of regulation may impose an increasing regulatory
burden on a signif‌icant proportion of the sector, namely, the smallerlandlord especially those owning who
own only one property.
Research limitations/implications The hypothesis has not been tested aside in a generalized
manner by making referenceto the evidence obtained by other researchers and landlord associations.It is for
other researcherswho may wish to test the hypothesis empirically.
Practical implications This paper includes a view that has not (to the authors knowledge) been
expresslyarticulated by Government or through its policies andis one which it may wish to ref‌lect upon.
Originality/value This paper adopts a novel stance by deploying regulatory theory with
understandingsof property to highlight potential adverseeffects.
Keywords Housing, Regulation, Private rented sector, Property law, Housing crisis,
Private landlords
Paper type Conceptual paper
The current housing shortage highlights both the importance and, indeed, the fragility of
housing provision inEngland and Wales. Successive governmentsfocus has been to look to
the market to resolve def‌icits in supply. Governments reliance on the private sector to
provide housing, of necessity, invokesa use of law to do so and this in turn places property
rights and interests at the fulcrumof state action. No mechanism is available to Government
to lawfully alter private rightsand interests without legal authority. To do otherwise would
offend the law against takings, as it has no inherent right to expropriate interests. Thus,
the government must regulateto achieve its desired policy outcomes and this is secured
through legislation and policy. With property in its sights, it is perhaps odd that there has
been little if any discussion of how these activities impinge upon propertyboth as a legal
fact in the construction of housing rights and its underlying conceptualization. Looking at
the emergent trend in the regulatory styles deployed by successive governments is an
interesting way to explorethis.
The deference to market solutions to resolve housing dilemmas has grown with the
advent of the New Public Management ideology where the government is an enabler
rather than a provider (Osborneand Gaebler, 1992). Yet, intervention by regulation has been
JPPEL
10,2
154
Received11 March 2018
Revised30 April 2018
Accepted7 May 2018
Journalof Property, Planning and
EnvironmentalLaw
Vol.10 No. 2, 2018
pp. 154-168
© Emerald Publishing Limited
2514-9407
DOI 10.1108/JPPEL-03-2018-0010
The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/2514-9407.htm

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