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In 2011, Dutch municipalities requested supplementary legal enforcement instruments to tackle rogue landlords and substandard housing. The national government implemented new legislation granting municipalities’ local authorities more legal instruments in 2015. The purpose of this paper is to evaluate the application and effectiveness of these instruments.

Using both quantitative and qualitative (legal) empirical research methods, this study establishes the frequency these instruments are used and the manner they are applied in practice to determine their role in limiting abusive practices of rogue landlords.

By comparing legislation and policies with their enforcement, the authors pinpoint differences between the law in the books and the law in practice and argue that the legal instruments have a stronger effect on the informal power than on formal power of local authorities. Moreover, the paper shows that the shift of responsibility from the Public Prosecutions Office to local authorities has left the Public Prosecutions Office disinterested, feeling that it no longer has to deal with substandard housing violations at all, therefore leaving the repeat offenders free to continue their activities with minor consequences.

The paper presents original data on the ways governments address substandard housing and rogue landlords. This is the first study that analyses the fight against substandard housing in the Dutch context. Although centred on legislation and procedures in The Netherland, the paper’s findings are relevant in other jurisdictions facing similar issues.

This paper considers the evolution of 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 argues that the current regulatory trajectory is highly problematic both from the perspective of land law (by further attenuating the conception of property rights) and indeed regulatory compliance.

The approach maps successive governments’ policy stance, what is known of the configuration of the sector and the current demand for housing against evolving regulatory theory (in particular compliance). The piece draws on both property theory and economic analysis.

Enrolling private sector landlords to enforce policies, other than those relating to the landlord and tenant relation (as indicated by the “right to rent” provisions), and attempts at professionalizing the 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 smaller landlord especially those owning who own only one property.

The hypothesis has not been tested aside in a generalized manner by making reference to the evidence obtained by other researchers and landlord associations. It is for other researchers who may wish to test the hypothesis empirically.

This paper includes a view that has not (to the author’s knowledge) been expressly articulated by Government or through its policies and is one which it may wish to reflect upon.

This paper adopts a novel stance by deploying regulatory theory with understandings of property to highlight potential adverse effects.

This paper aims to investigate the views of landlords and agents on the voluntary scheme, along with their opinions of the Welsh Government’s proposals to make accreditation compulsory for landlords and agents renting or letting in Wales. This paper is based on a conference paper given in India at the RICS COBRA 2013 Conference. Landlord Accreditation Wales (LAW) is a voluntary accreditation scheme for landlords and agents operating within the private rented sector (PRS) in Wales. When it launched in 1999, it was a pioneering accreditation scheme offering voluntary rather than legal regulation of the Welsh PRS.

A questionnaire, designed and developed in partnership with LAW, was sent out nationwide. All the landlords and agents on file were sent the questionnaire by LAW. This was followed up by reminder e-mails, along with the promotion of this national project at locally run landlord and agent events. The research provides a snapshot and coverage of the views of landlords and agents connected to LAW only.

The PRS in Wales, as with the rest of Britain, still suffers from negative imagery because of the behavior of a minority of agents and landlords that operate poor housing management practices and standards. While on the whole popular amongst landlords and agents, voluntary regulation is unlikely to tackle these issues effectually. Accordingly, the Welsh Government intends to make registration and accreditation within the PRS compulsory. The results of this empirical study show that the LAW scheme has positive effects on the standards and practices of a number of landlords and agents. The proposal to have mandatory registration and accreditation in Wales has not been met with overwhelming support from landlords and agents. Instead, there are significant pockets of uncertainty about, and resistance to, the introduction of legal regulation within the PRS.

The research contributes to the existing literature surrounding the regulation of the PRS by providing a distinctive insight into the views of landlords and agents on voluntary accreditation within the PRS in Wales as well as examining their opinions on the proposal to impose mandatory accreditation throughout the Sector.

The Immigration Act (2014) at Part 3 established a new regime with private landlords incurring penalties (and potentially criminal liability from 1 November 2016) if they allow a person disqualified, by reason of migration status, to reside in a property as their only or main home. Known colloquially as the “right to rent”, the provisions restrict access to accommodation and impose onerous duties on landlords to check tenants’ migration status. The purpose of this paper is to consider how a change in the emphasis of regulation introduced by the provisions, resulted in the coalescence of opposition by landlords and renters in a way that historically would have been unthinkable.

Using the lens of Foucault’s governmentality, it is possible to see how Government sought to shift the locus of control from itself to the landlord, which through its legislative and policy stance resulted in such fierce opposition as evidenced by the first instance challenge to the provisions in R (Joint Council for the Welfare of Immigrants) v SS for the Home Department [2019] EWHC 452 (Admin).

The focus of regulation introduced by the provisions resulted in the coalescence of opposition by landlords and renters in a way that historically would have been unthinkable. Landlords and renters are usually thought of as being in opposition, but not so here. This may offer hope for more productive regulatory outcomes where both parties work together. It may also suggest that encroaching on the notion of private rights and interests in law could result in counterproductive consequences.

Unlike Foucault’s notion of surveillance and control, governmentality shifts the emphasis from a hierarchical conception of government to practices including self (imposed) governance – with here, the landlord being required to act as a proxy for border agents. This suggests that there may exist boundaries beyond which, in a given context, it might be unwise for Government to step without adverse consequences. Foucault’s ideas provide a starting point, but do not give us all of the answers.

The coalescence of opposing actors can be a significant force to challenge government given the extent of their knowledge of the given context. It may also suggest a route to a more collaborative form of regulation.

A novel theoretical take on an issue of concern raised by practitioners and interest groups alike.

In February 1984 Mr Ian Gow, the then Minister of Housing and Construction, established a Committee of Inquiry on the management of privately owned blocks of flats, under the chairmanship of the distinguished barrister Edward Nugee QC. The committee's report was published in the summer of 1985 and many of its recommendations are now set to become law. The proposed legislative changes will have major implications for both landlords and tenants of blocks of flats. The Nugee Report was the culmination of a series of papers in the past few years reflecting an increasing concern over the state of many blocks of flats. Recent publications on the subject include the James Report, produced by a working party established by the Royal Institution of Chartered Surveyors, and a paper emanating from the Building Societies Association entitled ‘Leasehold — Time for Change’ which urged the adoption of a system of strata title for properties in multiple occupation. No one should underestimate the difficulties which the Committee of Inquiry faced. ‘Bad flat management’ covers a multitude of different situations which can be viewed from numerous different perspectives. Disputes are not just confined to those between landlord and tenant. There are conflicts between the tenants themselves, particularly in older blocks built to be rented but broken up by the grant of long leases. Add to this the further complication that many blocks are now run by managing agents who may themselves be involved in battles with either the landlord or his tenants, and it will rapidly become clear that there were no simple solutions to be found. Each recommendation had to take account of all the potential problems and not simply tackle one at the expense of exacerbating another.

The purpose of this paper is to sketch the UK housing backdrop, review the student private rented sector (PRS) and assess the experience of post-graduate university student tenants in the PRS.

A literature review puts the issues of student-PRS responsiveness into context and helps to untangle some UK housing issues. The private sector’s size, growth and performance is assessed by reviewing secondary data. In-depth interviews were then conducted at a regional university campus.

The study confirms accumulating evidence of an unbalanced UK housing market. The study identified four main PRS issues: first, rapid university expansion without accompanying residential construction has sparked rampant PRS growth with, second, quality issues, third, in tight letting market conditions, rented agent service levels fell and fourth, part of the problem is complex PRS management procedures.

The research has three noteworthy limitations. First, the macroeconomic analysis integrated secondary research without independent modelling. Second, the views of letting agents, university property managers, planning officers or landlords were not canvassed. Finally, the pilot interviews were geographically restricted.

When they expand, universities, local authorities and industry players need to give due consideration to plan for, design and develop quality student accommodation. Over-reliance on the PRS without informed oversight and coordination could undermine student experience and erode long-term UK competitiveness.

The lack of quality student rented accommodation mirrors a general housing malaise around affordability, polarisation and sustainable “dwelling”. Standards and professionalism in the rented sector is part of the overall quality mix to attract global talent.

The preliminary investigation uses mixed-methods to investigate PRS service delivery. It illustrates the interplay between professional property management and wider issues of metropolitan productivity, sustainability and resilience.

To apply path dependence theory and analysis to the regulatory framework for private-rented housing in Britain, especially affecting houses in multiple occupation (HMOs) and addressing the increased involvement of the planning system through planning use classes, permitted development rights and Article 4 directions.

This paper identifies critical junctures in primary and secondary legislation for housing and planning and analyses individual local authority responses in planning policy documents and tribunal decisions.

The rise of the HMO reflects wider changes in society leading to new forms of household and inter-generational inequalities. Local authority discretion and locked-in responses have resulted in different regulatory regimes for housing and planning, recently favouring existing communities of owner-occupiers against HMO residents, seen as transient populations not committed to the neighbourhood.

Potential for further research on demographics and household formation, and on reviewing planning and appeal decisions involving HMOs.

The research is apparently the first specifically addressing planning regulation of the HMO from a path dependence perspective, in the context of planning protection of the single-family dwelling house and marginalization of other forms of housing.

The Royal Institution of Chartered Surveyors (RICS) has implemented a policy to expand its influence around the world. Quantity or construction surveyors had an established presence and history of working overseas, offering their services particularly in the Middle‐ and Far‐East. Property surveyors found the transition to working in European Union (EU) countries relatively straightforward and numerous UK property consultancies have European, Asian, North American and Oceanic offices. Furthermore UK‐based firms establishing partnerships with overseas real estate firms expanded significantly over the past decade. Building surveying (BS) is a different case. Small numbers work in commonwealth countries but it is limited and in many countries professional and academic qualifications are not recognised. This paper aims to consider the extent of the barriers and opportunities facing RICS chartered building surveyors (CBS) in Oceania (taken as Australia, New Zealand, Papua New Guinea and Fiji) and whether the gap is closing.

A desktop study reviewed the political, economic and sociological issues that affect the employment opportunities and professional services CBS offer throughout the world. Six opportunities and ten barriers were put to the RICS Oceania Building Surveying Faculty to ascertain their perceptions of these barriers and opportunities. No previous study had identified barriers and opportunities in Oceania for the BS and this research adopted a census survey of RICS practitioners currently employed in the region and the results form the most comprehensive picture of the current position.

Many respondents felt that stronger links and/or mergers with the different Oceania professional property and surveying bodies would open a large field of opportunities to the CBS. Some provided comments on future business opportunities, for example “leaky buildings”, “dilapidations/‘make good’ work”, and seemed to be in general agreement that, as businesses came to know the benefits of protecting themselves from rogue tenants (and landlords) by using the services of a CBS, then opportunities would continue to rise. The principal barrier is communicating those skills and the value they add.

The limitations that affected this research were time constraints and communicating with surveyors in Oceania, to whom the authors were not permitted direct access. The research methodology methods were, with hindsight, not ideal for the type and range of data that the researchers sought.

The research will be of use to building surveyors and providers of building‐surveying education in Oceania.

This paper aims to analyse the extent to which recent changes in the law, most notably the Homes (Fitness for Human Habitation) Act 2018 and proposals for changes in tenant redress, will help tenants living in the private rented sector (PRS) with issues of disrepair and poor living conditions.

It applies theoretical scholarship on procedural justice, to two proposals for reform, namely, compulsory membership of redress schemes and a new housing court or use of the first-Tier Tribunal for claims relating to disrepair.

The Homes (Fitness for Human Habitation) Act 2018 will not provide decent private rented homes without increased security of tenure and a requirement for inspection prior to letting. Tenants should have the right to a fit home at the time of moving in and a cheap and relatively fast method of redress when things go wrong. A combination of compulsory licencing, membership of an ombudsman scheme and either the transfer of disrepair cases to the first-tier tribunal or a new housing court would provide the best overall solution for tenants with regard to repair and condition.

This study contributes to the important scholarship on procedural justice and applies it to ongoing current debates regarding disrepair in the PRS.

Global mobility remains one of the most pressing challenges of our times. Countries in the north are turning to major ‘sending’ countries in the south to secure their cooperation in controlling their borders and in repatriation processes. By explicitly linking migration to global security threats and weak governance, these migration control initiatives are justified by development goals and sometimes financed by official development assistance (ODA). By connecting criminology with international development scholarship, this chapter seeks to advance our understanding of the novel intersections between criminal justice, security and development to govern mass migration. Focusing on UK policies and the analysis of specific programmes, it interrogates what does the sustainable development goal (10.7) of facilitating ‘orderly, safe, regular and responsible migration’ concretely entail? And to what extent does the language of ‘managed migration’ legitimise restrictive border controls policies and even conflict with other global development goals?