Renters' Rights Bill

Written evidence submi tted by Independent Age (RRB48)

Renters’ Rights Bill

House of Commons – Committee Stage

About Independent Age

1. Independent Age is the national charity focused on improving the lives of people facing financial hardship in later life. Our Helpline and expert advisers offer free, practical support to older people without enough money to live on. Through our grants programme, we support hundreds of local organisations working with older people across the UK. We use the knowledge and insight gained from our support services and partnerships to highlight the issues experienced by older people in poverty and campaign for change. We believe no one should face financial hardship in later life.

Background: a ddressing the needs older renters in the Renters’ Right Bill

2. People of all ages rent in the Private Rented Sector (PRS), but the number of people aged 65 and over who rent has grown significantly over the last decade. Between 2009–10 and 2020–21 the number of older private renter households increased from 258,000 to 403,000 – an increase of 56%. [1] 37% of older private renters are in relative poverty (after housing costs) compared to 13% of older homeowners. [2] And the problem is not going away: Independent Age commissioned research by the UK collaborative centre for housing evidence (CaCHE) [3] which projected that, if policies and trends remain the same, by 2040, 1.9 million older people (14% of people aged 65+) could be living in the PRS.

3. The Renters’ Rights Bill provides a once in a generation opportunity to improve a dysfunctional rental system and ensure that private tenants of all ages can benefit from a secure, decent, and affordable home. In particular, they should be able to find a home to rent without facing discrimination because of their age or source of income.

4. It is essential that this bill does not overlook the hidden renters in later life. Independent Age has up to date, in depth and robust evidence on the experience of older private renters living on low income, and we want to work with the Committee to inform this bill.

5. Older people rent privately for lots of reasons. They may never have had enough money to buy a home, could have moved into renting following bereavement or divorce/separation, due to health problems or because of unforeseen financial shocks like scams or redundancy. [4] As a result, older private renters on low income can have different needs than younger renters and can be particularly exposed to the effects of lack of housing security, poor conditions and unaffordability.

6. We strongly welcome the bill and the potential for it to improve the lives of older private renters. We believe it can be strengthened even further to ensure that it fully provides the protection that older renters in financial hardship need.

Ending discrimination impacting older people in receipt of benefits

7. Independent Age’s research speaking to older private renters found that many had expressed concerns about discrimination when trying to access a rented home. This can be the result of both intentional actions as well as a lack of awareness on the part of landlords and letting agents.

8. The form of this discrimination can vary. It can include discriminatory language in letting advertisements that prohibit or discourage those on benefits from applying. And discriminatory actions such as refusing to let those of pension age view a property. Other forms can be more subtle, such as the nature of affordability checks, or expectations of unaffordable up-front rent payments.

9. Older people who rent are particularly exposed to "No DSS" discrimination: 50% of those aged 65 or over who are renting claim housing benefit. [5] This rises to 77% of private renters aged 70 or over. [6] Even among those who do not receive housing benefit, standard rent affordability checks based on simple measures of income as a multiple of rent - or only considering wages as income - fail to take account of wide variation in income sources, household circumstances and outgoings.

10. One older renter we spoke to, Sally, 70 who lives in East Sussex told us she has repeatedly faced ageism and financial discrimination during her search for a new home:

"I've registered round all the agents and one by one, they turned me down. Not openly, but they've said, 'what's your financial situation,' and I've said, 'well, I'm on a pension,' and before I've got any further, they've said, 'oh, well, you need at least three,' - some of them said two and a half, some of them said three, and one of them said four - ’times your annual rent as income…I am not one of the people at the front of the queue, because I don’t have on paper, their requirements, their safety, I mean, it's a paperwork exercise. Even though I've got impeccable references, and my rent's paid on direct debit, and I've never faltered." [7]

11. Courts have already found that so-called "No DSS" discrimination is unlawful because it breaches the Equality Act 2010 due to its indirect discrimination towards certain groups, such as those with disabilities. It is important to note that within the Equality Act, age is not a protected characteristic in relation to the "disposal of premises", which covers buying or renting property. It is therefore particularly important for older renters that that this bill acts to make discrimination on the grounds of receipt of benefits directly illegal. It must be made clear that the State Pension is included within the scope of "benefits" so that people in receipt of it are not disadvantaged.

12. Large upfront payments of several months’ rent also act as a barrier to older people living on a low income seeking a rented home. We have heard from numerous older people in financial hardship who have been asked to pay 6 months’ rent in advance in order to secure a property. This is not achievable for many, given that 40% of private renters aged 65-74, and 32% of private renters aged 75+ reported having no savings. [8] Similarly, older renters may find it harder to secure a guarantor and we believe the bill should go further in restricting the conditions under which a guarantor can be insisted upon as a condition of tenancy.

Independent Age recommend s

13. The bill must make clear that the definition of benefits under the bill includes all benefits, including the State Pension. This can be achieved through supplementary guidance.

14. The bill must be amended to explicitly limit up-front rent payment to a maximum of one month’s rent for all new tenancies, and to restrict the circumstances in which a landlord or letting agent can insist upon a guarantor

15. The bill must introduce powers for the UK Government to establish a binding code of practice for letting agents that sets out the principles and practices that they should follow; including ensuring that affordability and reference checks do not discriminate against older people, those living on a private or State Pension, or those on benefits including housing benefit and Pension Credit.

Security of tenure and grounds for eviction

16. We strongly welcome Clause 1 and Clause 2 of the bill that transforms all assured shorthold tenancies (ASTs) into periodic tenancies, and abolishes new ASTs. This new system will create open-ended tenancies and remove Section 21 of the Housing Act 1988, thereby giving older private renters more security of tenure in their homes.

17. We welcome the new extended notice periods of 4 months for grounds for eviction where the tenant has not breached their tenancy agreement. This was one of our policy recommendations following our in-depth research with older renters living on a low income. [9]

18. Independent Age research found that 70% of private renters aged 65+ in England said they would find it difficult to find an alternative property if they had to move house. [10] Older people who rent privately can find moving home with only two months’ notice particularly difficult as they may lack the physical ability and health to pack quickly, may be more dependent on family members and friends for assistance, may find it harder to find homes that meet their needs including accessibility requirements, and can face discrimination when trying to secure alternative properties. [11]

19. We strongly welcome the introduction of a ‘protected period’ - as set out in Schedule 1 - at the start of a new tenancies to prevent renters being evicted for reasons associated with reclaiming the property for personal use or sale by the landlord. However, we believe that this period should be longer to have the intended effect of improving security of tenure for older private renters.

20. We know from interviews with older renters on low incomes that many prefer to stay in their home long term if that option is available. We also found in our survey of private renters aged 65+ that 17% were concerned about the possibility of their landlord asking them to move out unexpectedly in the next 12 months, 86% of responders also agreed that ‘knowing I can stay in my home for as long as I need would improve my experience of renting’. [12]

21. We recognise the need to address anti-social behaviour. However, we also know that older people living with mental health conditions and dementia can sometimes exhibit erratic or confused behaviour which can be perceived as anti-social. Legislation intended to tackle anti-social behaviour should be sufficiently nuanced to protect older people suffering from poor mental health and cognitive decline. This is why we have concerns about the new amended grounds for possession 7A and 14 set out in Clause 4 and Schedule 1 and their impact on those older private renters living on a low income.

22. There is a lot of literature linking anti-social behaviour to unmet support needs and vulnerability, such as mental illness, disability, addiction and poverty. [13] This is particularly pressing when these support needs intersect – for example, when an older person lives in poverty and has a disability, like dementia. More specifically, there is a significant overlap between behavioural and psychological symptoms of dementia – such as increased agitation, aggression, delusions, or hallucinations - and behaviour that could constitute anti-social behaviour. Independent Age’s helpline and advisers have heard first-hand how people acting in a certain way due to dementia have been reported for anti-social behaviour, and subsequently faced threats of eviction from their landlords.

23. One Independent Age advisor told us: "An older adult was living alone in social housing. He started drawing symbols on his neighbours’ doors, and then kept telling the neighbour he thought he was his son. The case was passed on to a mental health social worker to complete a mental health assessment, who we asked to pause any progression on the investigation until relevant services had been able to accurately assess what was going on. The neighbours and landlord were pushing for eviction." [14]

24. While we appreciate these grounds are discretionary, older people living with dementia, and their family or carers, may require considerable time to prepare evidence to prove the diagnosis and other mitigations in court, especially if no formal diagnosis has been made. In 2021 the Healthcare Quality Improvement Partnership found in their National Audit of Dementia that the average waiting time from referral to diagnosis was 17.7 weeks. [15]

25. The amended Ground 4-78 allows proceedings on that basis to begin immediately which does not allow time for older people and carers to prepare for court proceedings.

26. Moreover, while Clause 88 on restrictions on gaining possession prevents the court from granting possession where a landlord has not registered themselves and their property (as set out in clause 80), it also introduces an exception for clause 7A and 14.

27. We welcome the extended notice period for rent arrears to 4 weeks and the increase to 12 weeks’ rent in the amount that tenant has to be in arrears before action can be taken.

28. We know from the older renters we’ve spoken to that they prioritise paying their rent, even with increasingly high household costs, and many have a good payment history. But living on a low, fixed income can mean older renters are less able to cope with sudden expenses such as the death of a family member, scams, or unexpected bills, and in turn this could lead them to be unable to pay their rent and fall into rent arrears. [16]

29. Results from our survey of older private renters conducted in 2023 found that 29% of older private renters had £199 or less each month left over after paying their rent, leaving little for sudden expenses. [17] Our latest research, conducted in 2024, showed that two in five (39%) older renters reported feeling worried about being able to afford their rent. [18]

30. To support tenants in a difficult position, we support StepChange’s recommendation to introduce a Tenancy Support Duty to support struggling tenants to sustain tenancies wherever possible [19] . Asking landlords to demonstrate they have engaged with the tenant on finding possible solutions before serving them an eviction notice would prevent older tenants in particularly dire situations to fall into homelessness.

Independent Age r ecommend s :

31. The protected period at the beginning of a tenancy be set to 2 years in line with recommendations from the Renters Reform Coalition.

32. The bill should include safeguards to ensure that the UK Government provides judges with appropriate guidance, including signposting the tenant to appropriate resources and support, and recommending delaying hearings where the tenant has or may be considered to have dementia so that there is time to prepare the necessary evidence to enable a fair hearing, for all grounds including 7A, 8 and 14.

33. Clause 88 should apply to Grounds 7A and 14 to protect vulnerable tenants and to prevent any loophole to the database registration duty for landlords.

34. All new and existing eviction grounds should be discretionary, as recommended by the Renters Reform Coalition. Discretionary grounds offer more protection for tenants and allows judges to take into account the tenants’ circumstances.

Affordability

35. We often hear from older private renters who are worried about whether they will be able to keep up with rising rents. Our 2024 research found that more than half the older renters we polled reported having had a rent increase in the past 12 months. And of them, more than 1 in 10 had seen their rent increase by £200 a month or more. Our research found that 39% of older renters in England worry about being able to afford their rent, with those in receipt of housing benefit more likely to be concerned. [20] Our research found that 39% of older renters in England worry about being able to afford their rent, with those in receipt of housing benefit more likely to be concerned. [21] At the time of writing, there is not yet a commitment to uprate Local Housing Allowance in line with rising rents, putting those in receipt of housing benefit under additional financial pressure and risking older renters being forced to make impossible choices between heating, eating and paying the rent.

36. Our research also shows that older renters fears about rent increases can stop them asking landlords for improvements or repairs to their property, risking them living in homes which are cold, mouldy or unsafe. In the past five years, 27% of older renters had experience mould and 24% damp and draughts. [22]

37. We welcome measures to strengthen the role of the tribunal system in preventing tenants from being subject to unfair rent increases. However, this is unlikely to be enough in itself to protect tenants from rising rental costs, particularly as the adjudications will be based on prevailing market rents.

38. We recognise that managing the affordability of private renting is complex: we support the call of the Renters’ Reform Coalition to establish a National Rental Affordability Commission to investigate how rent control and other measures could be used effectively to prevent all renters being subject to spiralling costs.

Independent Age Recommend s

39. The UK Government should establish a National Rental Affordability Commission to consider options to ensure private renting is affordable for tenants of all ages.

Tenants realising their rights and access to redress

40. Our research has found that 22% of older private renters have avoided raising a concern with their landlord for fear of negative response or repercussion. [23]

41. One older renter - Alison, 66 from Bristol - expressed her fears of raising concerns;

"I'm very reluctant to push for, negotiate hard, because there's always the dread that they'll say 'Well actually we don't want you to live there anymore, could you leave please?' So that makes me nervous about putting my case about things. And I tend to be acquiescent, not too pushy because of that. It's like they've got the trump card, and they can do what they want to..." [24]

42. A Private Rental Sector Ombudsman could go some way to building confidence in older renters to challenge issues or poor practice. But given the reluctance of older people to raise complaints in the first place, the role of the ombudsman should not be limited to just adjudication. A more proactive approach to an ombudsman which enables them to initiate their own investigations has been recommended by the Institute for Government. [25]

43. Recent research assessing the impact of tenancy reform in Scotland [26] concluded that most tenants had only a "vague awareness of their rights" and awareness of measures such as tribunal system was very limited.

44. Independent Age research found that only 65% of people aged 65+ in England who rent privately were aware of their rights when it comes to housing. [27] Current local advice provision from local authorities is often stretched or insufficient due to lack of funding.

45. Without awareness and understanding, legislative rights have limited effect. It is essential to the success of the measures contained in the bill that it is accompanied by effective action to raise awareness of people’s rights. Ensuring that both new and existing features of the system are understood and accessible to all tenants, including older tenants who may have greater accessibility needs and need for support.

46. In order to ensure the provisions in the bill are effective, we believe there should be more locally based support for tenants. Funding for ‘tenant advocates’ at the local authority level would be able to raise awareness, support raising issues with enforcement, the tribunal and the ombudsman (and, by taking early action and facilitating liaison between landlords and tenants, help resolve problems before they reach this stage, reducing the burdens on these services).

47. Independent Age welcomes the introduction of the private rented sector database and believe this provides a good opportunity to empower and inform tenants.

48. This information should be accessible all, including those who are digitally excluded. Older people are more likely than other age groups to experience digital exclusion – including those living on low income who have had to disconnect due to the costs of broadband and phone. According to Ofcom, people in later life make up the biggest proportion of the offline population; in 2023 some 10% of people aged 65-74 and 29% of those aged over 75 or over did not have internet access at home. [28] Older people are more likely than other age groups to experience sight [29] and hearing loss [30] , and to be digitally excluded. [31] It is essential to provide this facility in formats that are accessible to people with diverse needs.

Independent Age r ecommends

49. The UK Government should put a duty on the database operator to ensure that those who are unable to use a computer or other electronic device - or do not wish to do so - can access information from the entries in the database.

50. The UK Government should introduce new duty for Local Authorities to have a tenant advocate, and for the Government to appropriately fund them for this role.

51. The Private Sector Ombudsman should be given the power to initiate its own investigations into systemic issues including ageism and other forms of discrimination in the PRS.

52. The Private Sector Ombudsman should be made accessible to all private renters regardless of age, disability, or access to digital services.

Tackling Poor Housing Conditions

53. Independent Age welcomes the introduction of the Decent Homes Standard (DHS) in the private rented sector. It is especially important for older renters as 24% of private renters aged 65–74 live in a non-decent home, with this rising to 27% among those aged 75 or over. [32]

54. Independent Age research found that 24% of older renters had experienced damp and 27% had experienced mould in their home within the past five years. [33]

55. An older renter told us:

"So, we've got mould growing in the bedroom again now and a damp patch… The landlady's not going to do anything about it."

56. Our polling also found that 14% of older renters in England had experienced hazards in their home in the past five years. [34] One older renter told us:

"I had sewage coming through the floors in the living room. We've got a small backyard – that was filling up. No one knew where any of the drains went."

57. Fall risks are the most common hazards found across homes in England, with older people being at disproportionate risk of harm from them. [35]

58. The Decent Homes Standard, already enforced in the Social Rented Sector has helped reduce the number of non-decent homes from 19% in 2010 to 10% of housing association housing and 9% of Local Authority housing in 2021-22. [36] [37]

59. Applying the DHS to the PRS will increase the likelihood all category 1 hazards being removed in the PRS. The impact assessment for this bill estimates that removing these hazards could save £267 million per annum in healthcare costs for the first 10 years. [38]

60. Independent Age also welcomes the introduction of Awaab’s Law for privately rented homes, placing new responsibilities on landlords to act when a tenant complains about damp, mould and other hazards in their home that have the potential to negatively affect their health.

61. Our polling saw both private landlords and tenants were in favour of the principles of ‘Awaab’s Law’. Almost all (96%) older tenants supported this as well as nearly 3 in 4 (74%) landlords. [39]

Independent Age Recommends

62. That the Decent Home Standard introduced sets clear standards for safe and efficient homes and provides local authorities with the powers and resources to undertake enforcement action.

63. Awaab’s Law assessment should take account not just of the condition of the property, but of any vulnerabilities of the tenants that may expose them to greater risk of harm.

Contact

For further information please email public.affairs@independentage.org

October 2024

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[1] Department for Levelling Up, Housing and Communities and Ministry of Housing, Communities & Local Government (2022) English Housing Survey: 2021-2022. 15 December 2022 , English Housing Survey 2021 to 2022: headline report - GOV.UK (www.gov.uk)

[2] Department of Work and Pensions (2023), Households Below Average Income Survey . Processed with Stat-Xplore.

[3] IA-Report-FINAL-19.07.pdf (housingevidence.ac.uk)

[4] Independent Age (2023) Hidden renters: The unseen faces of the rising older rental wave , September 2023, independentage.org/hidden-renters-report

[5] Department for Work and Pensions (2023), Housing Benefit Caseload data for February 2023 . Stat-Xplore - Log in (dwp.gov.uk) (Accessed June 2023).

[6] Department for Work and Pensions (2022), Income-related benefits: estimates of take-up: financial year 2019 to 2020 . Income-related benefits: estimates of take-up: the financial year 2019 to 2020 - GOV.UK (www.gov.uk) .

[7] Independent Age (2023) Hidden renters: The unseen faces of the rising older rental wave , September 2023, independentage.org/hidden-renters-report

[8] Department for Levelling Up, Housing and Communities (2023), English Housing Survey 2021 to 2022: private rented sector. English Housing Survey 2021 to 2022: private rented sector - GOV.UK (www.gov.uk)

[9] Independent Age (2023) Hidden renters: The unseen faces of the rising older rental wave , September 2023, independentage.org/hidden-renters-report

[10] Independent Age (2023) Hidden renters: The unseen faces of the rising older rental wave , September 2023, independentage.org/hidden-renters-report

[11] Independent Age (2023) Hidden renters: The unseen faces of the rising older rental wave , September 2023, independentage.org/hidden-renters-report

[12] Independent Age (2023) Hidden renters: The unseen faces of the rising older rental wave , September 2023, independentage.org/hidden-renters-report

[13] AntisocialBehaviourOrJustUnmetSupportNeedsHowInterveningInNuisanceBehaviourImpactsUnderlyingVulnerabilitiesAM-CAMERON.pdf (leedsbeckett.ac.uk)

[14] Ibid

[15] Ref-317-NAD-Memory-Assessment-Services-Spotlight-Audit-2021_FINAL.pdf (hqip.org.uk)

[16] Independent Age (2023) Hidden renters: The unseen faces of the rising older rental wave , September 2023, independentage.org/hidden-renters-report

[17] Independent Age (2023) Hidden renters: The unseen faces of the rising older rental wave , September 2023, independentage.org/hidden-renters-report

[18] Independent Age (2024) Time to rock the boat: How the Renters’ Rights Bill can steer a course to better homes for older private renters , October 202 4 , Rock_the_boat_briefing_2.pdf (independentage.org)

[19] StepChange - Supporting People in Problem Debt

[20] Independent Age (2024) Time to rock the boat: How the Renters’ Rights Bill can steer a course to better homes for older private renters, October 2024, Rock_the_boat_briefing_2.pdf (independentage.org)

[21] Independent Age (2024) Time to rock the boat: How the Renters’ Rights Bill can steer a course to better homes for older private renters, October 2024, Rock_the_boat_briefing_2.pdf (independentage.org)

[22] Independent Age (2024) Time to rock the boat: How the Renters’ Rights Bill can steer a course to better homes for older private renters, October 2024, Rock_the_boat_briefing_2.pdf (independentage.org)

[23] Independent Age (2023) Hidden renters: The unseen faces of the rising older rental wave , September 2023, independentage.org/hidden-renters-report

[24] Independent Age (2023) Hidden renters: The unseen faces of the rising older rental wave , September 2023, independentage.org/hidden-renters-report

[25] Institute for Government (2019) Now is the time for the Government to empower the Ombudsman https://www.instituteforgovernment.org.uk/article/comment/now-time-government-empower-ombudsman

[26] Indigo House (2024) RentBetter Final Report https://rentbetter.indigohousegroup.com/findings/

[27] Independent Age (2023) Hidden renters: The unseen faces of the rising older rental wave , September 2023, independentage.org/hidden-renters-report

[28] Ofcom, (2024) Adults’ Media Use and Attitudes report 2024 April 2024, see https://www.ofcom.org.uk/siteassets/resources/documents/research-and-data/media-literacy-research/adults/adults-media-use-and-attitudes-2024/adults-media-use-and-attitudes-report-2024.pdf?v=321395

[29] RNIB 2021) 2 million people in the UK live with sight loss, nearly 80% are 65 or older. Key information and statistics on sight loss in the UK, September 2021 https://media.rnib.org.uk/documents/Key_stats_about_sight_loss_2021.pdf

[30] RNID (2023) 70% of people in the UK over 70 have hearing loss Prevalence of deafness and hearing loss , August 2023, https://rnid.org.uk/get-involved/research-and-policy/facts-and-figures/prevalence-of-deafness-and-hearing-loss/

[31] ONS (2019) Exploring the UKs digital divide https://www.ons.gov.uk/peoplepopulationandcommunity/householdcharacteristics/homeinternetandsocialmediausage/articles/exploringtheuksdigitaldivide/2019-03-04#how-does-digital-exclusion-vary-with-age

[32] Department for Levelling Up, Housing and Communities (2022) English Housing Survey Private Rented Sector report 2021-22 EHS_21-22_PRS_Ch_4_Annex_Tables.ods (live.com) (Table AT 4_2)

[33] Independent Age commissioned YouGov polling, May 2024

[34] Independent Age commissioned YouGov polling, May 2024

[35] The cost of poor housing in England , BRE Group, 2021, see: files.bregroup.com/research/BRE_Report_the_cost_of_poor_housing_2021.pdf .

[36] Department for Levelling Up, Housing and Communities (2022) 2020_Housing_quality_report_Annex_Tables_Chapter_1.ods (live.com)

[37] Department for Levelling Up, Housing and Communities (2023) English Housing Survey Private Rented Sector report 2022-23 English Housing Survey 2022 to 2023: housing quality and condition - GOV.UK (www.gov.uk)

[38] Department for Levelling Up, Housing and Communities (2023) Renters (Reform) Bill Impact Assessment. 2023072023RentersReformBillImpactAssessment.pdf (parliament.uk)

[39] Independent Age commissioned YouGov polling, May 2024