Overcoming the Barriers to Longer Tenancies in the Private Rented Sector

July 2018

Ministry of Housing, Communities and Local Government

Overcoming the Barriers to Longer

Tenancies in the Private Rented Sector

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Ministry of Housing, Communities and Local Government

Fry Building

2 Marsham Street

London

SW1P 4DF

Telephone: 030 3444 0000

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July 2018

ISBN: 978-1-4098-5278-0

Contents

Foreword 4

Scope of the consultation 5

Introduction 7

Current legislative framework 9

Benefits and barriers of longer tenancies 11

Overcoming barriers to longer term tenancies 17

A new longer tenancy framework 18

Implementation 21

Questions 22

Annex A: Comparison table for tenant security 31

Annex B: Comparison table for landlord security 32

Annex C: Grounds for eviction in Scotland 33

Annex D: Personal data 37

About this consultation 39

Foreword

From the Secretary of State

The private rented sector has changed dramatically over the last 30 years.

The proportion of households has doubled. Half of them are families with children, and

older people, looking for a long-term home.

And yet one striking characteristic persists. The majority of tenants are on short term

contracts - unsure if they can afford the next rent rise, or whether they might be asked to

leave if they make a complaint.

This instability and lack of power is bad enough, but an unfortunate few also bear the cost

of unplanned and unwanted moves.

What’s more, many landlords would also benefit from longer agreements – free from the

fees and hassle of unnecessary renewals. A minority already see this. And the measures

announced in the Housing White Paper mean most tenants in the build to rent sector are

now being offered a minimum of three years.

The answer lies in good design. Models of the past have failed where they have regulated

rents, which history tells us doesn’t work, or restricted a landlord’s right to repossess their

property, risking a loss of vital supply.

That’s why I am seeking views on a new model – one that balances tenants’ need for

protection, with landlords’ needs to regain their property when their circumstances change.

A model that gives tenants certainty over rents, and retains the flexibility that many desire.

I think this is a model that could work across the market, but I am keen to hear your views.

Together we can achieve a market that delivers the protection and security that all tenants

deserve.

The Rt Hon James Brokenshire MP

Secretary of State for Housing, Communities and Local Government

Scope of the consultation

Topic of this

consultation:

This consultation seeks views on the barriers to longer

tenancies in the private rented sector and how to overcome

them.

Scope of this

consultation:

This consultation seeks views on the barriers to longer

tenancies in the private rented sector in England.

Geographical

scope:

These proposals relate to England only.

Impact

Assessment:

The purpose of the consultation is to gather evidence and seek

views on barriers to longer tenancies in the private rented

sector. Any policy changes brought forward as a result of the

consultation would be subject to appropriate assessment.

Basic Information

To:

Body/bodies

responsible for

the consultation:

The Ministry for Housing, Communities and Local Government

Duration:

This consultation will last for 8 weeks and close on 26/08/2018

Enquiries:

For any enquiries about the consultation please contact

[email protected]

How to respond:

You may respond by completing an online survey at:

https://www.surveymonkey.co.uk/r/9ZG8ZRZ

Alternatively you can email your response to the questions in

this consultation to:

[email protected]

If you are responding in writing, please make it clear which

questions you are responding to.

Written responses should be sent to:

Private Rented Sector Division

Ministry of Housing, Communities and Local Government

Third Floor – Fry Building

2 Marsham Street

London

SW1P 4DF

When you reply it would be very useful if you confirm whether

you are replying as an individual or submitting an official

response on behalf of an organisation and include:

- your name,

- your position (if applicable),

- the name of organisation (if applicable),

- an address (including post-code),

- an email address, and

- a contact telephone number

Introduction

1. The private rented sector had been in decline when the assured shorthold tenancy was

introduced in the Housing Act 1988, representing only 9% of the total housing market.

Since 1988, the use of assured shorthold tenancies, which allow for a minimum fixed

term tenancy of six months, has grown exponentially. They are now the most common

tenancy in the private rented sector.

2. The private rented sector is the second largest tenure in England, and has almost

doubled in size over the last decade; it houses 4.7 million households (20% of all

households).

Many tenants welcome the flexibility of the tenure and landlords choose

to invest in properties to let out.

3. The diversity of individuals that call the sector home has changed significantly since

1988. There are large numbers of young people, 44% of households in the sector

have a head of household under 35, but 17% of households are over 55 years of age,

with 9

over 65.

There are growing numbers of families; between 2006-07 and 2016-

17, the proportion of households in the private rented sector with children increased

from 34% to 38%.

Similarly, increasing numbers of households on benefits rent

privately; 22% of all private renters received housing benefit to help with the payment

of their rent in 2016-17.

4. The Government is committed to delivering a fairer, good quality and more affordable

private rented sector. We have recently introduced banning orders and a database of

rogue landlords and agents to make it easier for local authorities to act against them to

protect tenants. Other steps the Government is taking include:

 banning letting fees to tenants and capping tenancy deposits to ensure that

tenants have more money in their pockets;

 insisting that all landlords are members of a redress scheme so that tenants

have quick and easy resolution to disputes;

 ensuring all letting agents are registered and are members of a client money

protection scheme to provide assurance to tenants and landlords that their agent

is meeting minimum standards.

5. In addition to this work to better protect tenants and landlords, the Government

recognises that the change in size and make up of the private rented sector has led to

growing need for longer, more secure tenancies than the minimum six months offered

by the assured shorthold tenancy regime.

English Housing Survey Headline Report, 2016-17 https://www.gov.uk/government/statistics/english-housing-survey-

2016-to-2017-headline-report

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/676433/2016-

17_Section_1_Households_Annex_Tables.xlsx

English Housing Survey Headline Report, 2016-17 https://www.gov.uk/government/statistics/english-housing-survey-

2016-to-2017-headline-report

English Housing Survey Headline Report, 2016-17 https://www.gov.uk/government/statistics/english-housing-survey-

2016-to-2017-headline-report

6. The average length of residence in the private rented sector is 3.9 years in comparison

with 17.5 years in the owner occupier sector and 11.3 years in the social sector.

However, 81% of tenancies granted are for an initial fixed term of 6 or 12 months.

7. The short initial fixed term period can result in a number of tenants feeling insecure and

that their house is not their home. Many tenants can feel disempowered to challenge

poor property standards and are unable to plan for the future.

8. Landlords can also benefit from longer tenancies. An empty property does not generate

any rental income and finding new tenants can be costly, for example the cost of

agency fees. Furthermore, where tenants know that they will be living in a certain

property for a longer period of time, they are more likely to take proactive steps to look

after the property and contribute to the local community. Landlord concerns often focus

on not being able to recover their assets when they need to or not being able to evict

difficult tenants, such as those in rent arrears.

9. There is therefore a balance between providing tenants with security whilst ensuring that

landlords are able to recover their property if needed. We do not want to discourage

investment from the sector and are keen to ensure that any proposals to provide tenants

with greater security do not impact on the supply of good quality rented accommodation.

10. There is also a balance between granting greater security to tenants who want it whilst

retaining the flexibility of the private rented sector that many tenants value.

11. Through this consultation we want to explore the barriers to longer tenancies in the

private rented sector and what action could be taken to overcome them. To inform this

we have proposed, and welcome views on, a three year tenancy agreement model

which we think could work for landlords and tenants. We are seeking views on the model

itself and also how it could be implemented.

English Housing Survey Headline Report, 2016-17 https://www.gov.uk/government/statistics/english-housing-survey-

2016-to-2017-headline-report

Data from EHS 15/16 shows that 36% of private renters had an initial tenancy agreement of 6 months and 45% of 12

months. Longer (18 month) initial contracts were comparatively rare and only reported by 4% of private tenants.

Current legislative framework

12. The assured shorthold tenancy regime allows for a minimum fixed term tenancy of six

months although a longer fixed term can be agreed (for a comparison see Annex A and

Annex B). Section 21 ‘no fault’ evictions cannot be carried out during the fixed term.

Unless the landlord and tenant enter into a new tenancy at the end of the fixed term, a

statutory periodic tenancy will come into being in accordance with section 5(2) of the

Housing Act 1988.

13. A statutory periodic tenancy is a tenancy which runs from month to month or week to

week (depending on how often the rent is paid). Most of the clauses set out in the fixed

term agreement (for instance the tenant’s and landlord’s obligations) will be the same

in the statutory periodic tenancy, however, the landlord will be able to increase the rent

and may be able to change other terms in the agreement.

14. If the landlord wants the tenant to leave the property, the landlord must either:

(a) Give the tenant at least two months’ notice in writing in accordance with section

21 of the Housing Act 1988. The date for giving up possession must be after the

initial fixed term. The landlord does not need to provide grounds for ending the

tenancy. This is known as a ‘section 21 notice’ or a ‘no fault’ eviction.

(b) Seek possession in accordance with section 8 of the Housing Act 1988 on one or

more of the grounds contained in Schedule 2 to the Housing Act 1988 (if any of

those grounds apply). These include:

i. Landlord wishes to live in the property as their own or principal home, was

doing so sometime before the tenancy began and notice that the landlord

might require possession on this ground was given to the tenant before the

tenancy began (not possible to rely on this ground during the initial fixed

term)

ii. Mortgage lender entitled to possession

iii. Tenant has at least 8 weeks (if rent payable weekly or fortnightly) or 2

months (if rent payable monthly) rent arrears

iv. Rent is overdue or the tenant is persistently late in paying rent

v. Breach of any term of tenancy agreement

vi. Condition of property, furniture provided under the tenancy agreement or

common parts have deteriorated due to acts of the tenant or other

occupant

vii. Tenant or other occupant is guilty of nuisance / annoyance in the locality or

convicted of a serious criminal offence in relation to the property or in the

locality

15. If the tenant does not leave by the date specified in the notice the landlord will need to

apply to a court for a possession order. The tenant is entitled to continue to live in the

property until a court decides that a landlord is entitled to take possession of the

property. Grounds i, ii and iii listed above are mandatory grounds – i.e. grounds on

which the court must order possession. The other grounds listed are discretionary

grounds – i.e. grounds on which the court may order possession. Only a bailiff,

appointed by the Court, can evict a tenant.

16. Landlords normally must give a minimum of one months’ notice of any rent increase if

rent is paid weekly, or six months’ notice if the rent is paid yearly. Rent increases are

normally limited to once every 12 months for periodic tenancies, whereas for fixed term

tenancies, rent increases can only occur if agreed by the tenant or at the end of the

fixed term.

17. Tenants are responsible for paying rent for the entire fixed-term tenancy. Tenants can

move out early without paying rent for the full tenancy if there is a break clause in the

tenancy agreement, or the landlord agrees to end the tenancy early. In statutory

periodic tenancies, where rent is paid monthly, tenants are usually required to give one

month’s notice of their intention to leave (unless a different notice period has been

agreed with the landlord).

Benefits and barriers of longer tenancies

18. A number of tenants are likely to be seeking greater security in the private rented

sector. 41% of households in the private rented sector do not expect to move into

home ownership. 38% of households in the sector are families with dependent children

who are likely to want greater security to provide stability for their children in school,

and 9% of households in the sector are over 65.

19. The end of an assured shorthold tenancy in the private rented sector is now the leading

cause of homelessness and local authorities are increasingly housing individuals who

are homeless, or at risk of homelessness, in the private rented sector. Greater security

could help these households too.

20. However, there are wider benefits for all tenants – regardless of their individual

circumstances. Longer tenancies can provide a form of consumer protection, ensuring

that tenants can confidently make a complaint where they are entitled to without fear of

eviction.

21. As mentioned above, the existing legislative framework does not prevent landlords and

tenants agreeing a fixed term tenancy of longer than 12 months but the majority do not

do so. This section explores the benefits of longer tenancies as well as the barriers to

them being offered.

Benefits

22. When a landlord and tenant sign a tenancy agreement they will agree a period of time

for which the agreement is valid with opportunities to review, end or extend the

agreement as necessary at the end of that time. Longer term tenancy agreements give

tenants greater security and assurance that they will be able to remain in their home.

23. Under the assured shorthold tenancy regime, tenants could be asked to leave at short

notice or be forced to leave if the rent increases by more than they had expected.

24. Such tenants bear the financial costs of moving more frequently and there is also an

impact on health and wellbeing caused by living in uncertainty. This particularly impacts

households with children who are forced to move school and lower income households

that are just about managing to afford their rental costs.

25. A recent report by Shelter suggested that ‘many families worry that they are going to

lose their current home – 43% of renting families with children say this applies to

them.’

Additionally, the report claims more than a third of tenants in the Private Rented

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/676433/2016-

17_Section_1_Households_Annex_Tables.xlsx

YouGov for Shelter; base: 784 private renters with children in household, England, July 2015, online, weighted.

Sector went into debt to finance their last move.

This can have significant health and

wellbeing consequences.

26. Some tenants also feel powerless to assert their rights and challenge poor practice

because of the threat of eviction. The Deregulation Act 2015 introduced important

protection for tenants from retaliation eviction and the Department now wants to

understand how successful this has been. We do recognise that more could be done.

We are committed to requiring all private landlords to join a redress scheme and are

exploring how redress provision in housing generally can be strengthened and

streamlined.

27. Tenancies that have a longer fixed term can give tenants greater certainty and stability

to plan for the future. Tenants will have greater assurance at the outset that they can

afford any rent increase and, providing they stick to the terms of the tenancy

agreement, will not be made to leave unless the landlord’s circumstances change or

they choose to do so.

28. Entering into longer tenancies is also beneficial to landlords as it offers greater

certainty on rental income, minimises periods when the property is vacant and avoids

the costs associated with finding new tenants. It also means that neither tenants nor

landlords need to pay agency fees to renew a tenancy.

29. Longer term tenancies may not be practical for all tenants, and of course, tenants may

still bear the cost of moving where the landlord exercises their right to exit. Similarly,

there will remain a risk of void periods for landlords where tenants choose to leave the

tenancy. However, it is clear that for many tenants, longer fixed term tenancy

agreements would increase security and make it easier to plan for the future.

Barriers

30. Despite the benefits to both landlords and tenants of longer tenancies, we are aware of

a number of barriers to landlords offering them.

Tenant Demand

31. One argument is that not all tenants want longer tenancies. A recent report by the

Citizens Advice Bureau suggested that only a third of tenants want a longer tenancy.

According to the 2016 Private Landlords Survey by the Council of Mortgage Lenders

over a third of landlords are currently offering leases longer than 12 months on at least

some of their properties, and most of the rest do not do so because they believe there

YouGov for Shelter, base: English private renters: 3792. Survey conducted between 22nd June and 13th July 2015

Strengthening Consumer Redress in Housing, a consultation published by the Ministry of Housing, Communities and

Local Government on 18 February 2018 https://www.gov.uk/government/consultations/strengthening-consumer-redress-

in-housing

https://www.citizensadvice.org.uk/about-us/policy/policy-research-topics/housing-policy-research/a-state-of-disrepair/

The Council of Mortgage Lenders was integrated into UK Finance on 1 July 2017.

is no demand for them.

These findings differ to those of Shelter who found through

YouGov research in 2015 that 7 in 10 tenants want a longer tenancy of 3-5 years.

32. There are some tenants who cannot commit to a longer tenancy either through choice

or obligation. Students often seek accommodation for a single year of study. Similarly,

those with a visa to remain in the UK for a certain period of time or workers with a short

term contract welcome the flexibility of the private rented sector and actively seek short

term tenancies. We do not want to restrict this.

33. However, there is also an argument that some tenants either do not understand what a

longer tenancy agreement means in practice or are not aware that this is an option

open to them.

34. Get Living London, one of the largest Build to Rent developments in the UK, offers

three year tenancies. In 2014 only 44% of households chose a longer tenancy. Get

Living London did a review of why take up was low and found it was down to education

– residents were comfortable with one year tenancies as that’s what they were used to.

Once the benefits of a longer tenancy had been explained (rent uplift in line with the

Consumer Price Index after year 1 and year 2, with a rolling break clause on the

resident side) take up significantly increased. In 2017, 69% of Get Living London

households chose a three year tenancy and currently 77% of residents are on three

year tenancies.

35. This data suggests that the reason some tenants do not opt for a longer term tenancy

is because a 6 or 12 month initial fixed term is the ‘default’ and they either do not know

or do not feel confident in requesting a longer tenancy. It also suggests that some

tenants are unaware that they could include a break clause in their contract and have

concerns they would be ‘locked in’ with no means to leave if their circumstances

change. Some of these issues could be resolved through good design and education.

Landlord flexibility

36. Another barrier that is cited is the flexibility for landlords and mortgage providers to

recover their asset if they need to. This is crucial to retaining investment and supply in

the sector, including the availability of buy to let mortgages. We recognise that the

property is a valuable asset and that landlords want to be confident that they can get

their property back quickly should they need to do so.

37. Landlords might need to gain possession of their property for various reasons.

Commercially, they may wish to sell their asset, personally, they may wish to move into

or allow family to live in the property, or in the case of tenant fault (e.g. rent arrears,

damage or antisocial behaviour), they might need to evict a tenant to prevent further

damage or loss.

https://www.cml.org.uk/news/press-releases/cml-research-survey-of-uk-landlords/

http://blog.shelter.org.uk/2015/11/facts-are-facts-7-in-10-renters-want-longer-tenancies/

Data provided by Get Living London

38. Figures from the Residential Landlord Association suggest that in 2017-2018, 62% of

landlord evictions resulted from rent arrears.

Among those Private Rented Sector

tenants who had moved in the last three years because their landlord had asked them

to, roughly two thirds (63%) were asked to leave because the landlord wanted to use or

sell the property.

Ensuring that landlords have the flexibility to recover their asset

smoothly is vital to protect investment in the sector.

Time Taken to Gain Possession of a Property

39. Evidence suggests that in the majority of cases landlords do not experience difficulties

with their tenants or in recovering their property. The 2015-16 Private Rented Sector

report of the English Housing Survey found that most private tenants, when asked

about their most recent move, said that their last tenancy ended because they wanted

it to (73%). A tenth (11%) said that their landlord or agent ended the tenancy.

40. However, we are aware of concerns about the process for gaining possession where

this becomes necessary. Residential Landlords Association data suggests that the

most popular primary reason for landlords removing a tenant is rent arrears, accounting

for 62% of removed tenants.

Data from the 2016-17 English Housing Survey

suggests that 9% of Private Rented Sector tenants were either currently in arrears or

had been in the last 12 months.

41. Landlords need to be reassured that they could take action if a tenant persistently fails

to pay their rent. The length of time and costs incurred in pursuing a repossession case

through the courts are regularly cited as a principal barrier to longer tenancies by

landlords and their representative bodies.

42. Concerns about delays are partly down to data which shows that claims for landlord

possession, from issue of proceedings to bailiff eviction, can take on average 43

weeks, but this headline statistic includes both claims in the social and private rented

sector. The Department has been working with the Ministry of Justice to understand

issues with the current system, including the time it takes for cases to be completed.

Considering the private rented sector in isolation suggests the length of time in

obtaining possession against a tenant is considerably less, with a mean average of 22

weeks. The median length of time to obtain possession is even less, at 17 weeks.

43. While the average time it takes for private landlords to gain possession is less than

widely thought, we understand that for a minority of landlords it can take longer and

can be burdensome. For example, a landlord could be required to serve notice, apply

to the court for a possession order, seek enforcement through the courts and then wait

Simcock, T.J., (2018). The Impact of Taxation Reform on Private Landlords. Manchester: UK. Residential Landlords

Association. Retrieved from: https://research.rla.org.uk/wp-

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/627686/Private_rented_sector_report_20

15-16.pdf

ibid

English Housing Survey Headline Report, 2016-17 https://www.gov.uk/government/statistics/english-housing-survey-

2016-to-2017-headline-report

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/705598/mortgage-

landlord-possession-statistics-jan-mar-2018.pdf 17 is rounded up from 16.9 weeks.

until bailiffs are appointed before recovering their property. We understand the

difficulties this creates.

44. We also understand that problems such as deprivation of rent can have a serious

impact on landlords. Some landlords view short fixed term tenancies or regular

renewals as offering an easier opportunity to remove tenants who may not be paying

rent or damaging the property, rather than going through the courts. In recent research

by the Residential Landlords Association, 70% of landlords reported that improvements

to the section 8 process for regaining possession would encourage them to offer a

longer tenancy.

Mortgage Conditions

45. Mortgage conditions are often cited as a barrier to landlords offering longer tenancies.

2018 research by the Residential Landlords Association found that 44% of landlords

have mortgage conditions stipulating tenancy length.

However, according to the 2016

Council of Mortgage Lenders Private Landlord survey, only 34% of landlords had at

least one buy-to-let mortgage with the rest being owned outright or financed in some

other way.

Landlords without a mortgage do not have to abide by any conditions from

their mortgage provider with regards to tenancy length.

46. For buy to let landlords, research by Shelter, and survey findings published in the 2016

CML survey show that there are a number of lenders in the buy-to-let sector who are

prepared to advance mortgages for landlords who want to offer tenancies of up to three

years. Industry research shows that, by June 2017, around 60% of lenders allowed

tenancies of more than one year, including key lenders such as Lloyds and Nationwide.

Rent Regulation

47. Rent regulation is often associated with longer tenancy agreements and cited as a

potential barrier. Landlords need to be assured of a regular rental income and are keen

to minimise void periods. We agree that rent caps are not beneficial since they can

impact supply. The historical evidence is clear that rent controls do not work. They

resulted in the size of the private rented sector shrinking from 55% of households in

1939 to just 9% in the late 1980s, before the reforms in the Housing Act 1988 were

introduced. This would not help landlords or tenants. However, we do want to ensure

that any rent rises are fair and affordable.

48. A capped rent rise within longer term tenancy agreements may lead to some tenants

experiencing rent rises they might not otherwise have had, which we would be keen to

mitigate in any future longer tenancy model. Data from a 2016 YouGov survey

commissioned by Shelter found that 68% of landlords surveyed kept the rent the same

when agreeing a new fixed term tenancy with a sitting tenant compared to 45% who

Simcock, T.J., (2018). The Impact of Taxation Reform on Private Landlords. Manchester: UK. Residential Landlords

Association. Retrieved from: https://research.rla.org.uk/wp-content/uploads/impact-taxation-reform-landlords-2018.pdf

Simcock, T.J., (2018). The Impact of Taxation Reform on Private Landlords. Manchester: UK. Residential Landlords

Association. Retrieved from: https://research.rla.org.uk/wp-content/uploads/impact-taxation-reform-landlords-2018.pdf

https://www.cml.org.uk/news/press-releases/cml-research-survey-of-uk-landlords/

signed with new tenants.

This suggests that landlords are more likely to increase the

rent at the start of a new tenancy.

Letting Agent Fees

49. Letting agents charge fees for tenancy renewals. The repeated churn in tenancies

prompts business for an agent, and the opportunity to charge fees. This arguably

creates an incentive for agents to advise landlords and tenants to agree a short term

contract, representing another barrier to longer term tenancies.

Culture

50. As described above, there is evidence that some tenants do not opt for a longer term

tenancy because a 6 or 12 month initial fixed term is the ‘default’ and they either do not

know or do not feel confident in requesting a longer tenancy. The same can also be

true for landlords and since the Housing Act 1988, there has been a growing culture a

tenancy has an initial fixed period of 6 or 12 months. Some of these issues could be

resolved through good design and education, for example through the model tenancy

agreement and the ‘How to Rent’ guide. We are also keen to explore if there are any

other options that could be used to nudge behaviour in favour of longer tenancies

where these are wanted.

Shelter Survey of Private Landlords, YouGov, February 2016

https://england.shelter.org.uk/__data/assets/pdf_file/0004/1236820/Landlord_survey_18_Feb_publish.pdf

Overcoming barriers to longer term tenancies

51. In this section of the consultation, we want to consider what action could be taken to

overcome the barriers to landlords offering longer tenancies ranging from behavioural

measures to legislation. We also want to test a possible model that could be used as

the basis of a longer, more secure tenancy agreement.

Action to Date

52. Our Housing White Paper, published on 7 February, sets out what we have done to

encourage longer term tenancies in private rental homes delivered by housing

associations and institutional investors. The Government has also recently consulted

on changing planning policy to promote longer tenancies in build to rent schemes.

Responses are currently being analysed. Both the British Property Federation and the

National Housing Federation have committed to offer family friendly tenancies of three

years or more in purpose built homes for rent.

53. For those already living in the private rented sector, we have published a model

tenancy agreement which landlords and tenants can use as the basis for longer, family

friendly tenancies. This can be found online at

www.gov.uk/government/publications/model-agreement-for-a-shorthold-assured-

tenancy

54. The Government has introduced the Tenant Fees Bill to Parliament to ban letting fees

paid by tenants in England to give renters greater clarity and control over what they

pay. The ban may help to promote longer term tenancies by reducing the financial

incentive of short-term lets that is present in the current system, where landlords and

agents have the opportunity to charge renewal fees upon the signing of a new fixed

term.

55. We are also working with the Ministry of Justice to understand issues with the current

processes for housing in the tribunal and courts. These include the time it takes for

cases to be completed. We are keen to understand the experience of users of the

courts and the tribunal, including landlords and tenants. This work will inform our

consideration of the options for improvement. We are planning to issue a call for

evidence later in the year to explore this further. We will be working very closely with

the judiciary and consulting with them on any potential changes. This work will support

and be considered in parallel with action to promote longer tenancies.

A new longer tenancy framework

56. It is vital to strike a balance between providing tenants with security whilst ensuring that

landlords are able to recover their property if needed. It is also important to balance the

desire from certain tenants (e.g. families) for greater security with the desire from other

tenants (e.g. students and younger households) for flexibility. A longer, more secure

tenancy does not mean that tenants should be locked in with no means to leave if their

circumstances change. The factors that need to be considered are:

a. The length of the tenancy (or the initial fixed term);

b. What happens at the end of the fixed term;

c. The grounds on which a landlord can serve notice (which might be different at

different points in the tenancy);

d. The length of notice the landlord must give; and

e. Rules about rent increases.

57. Different components can be flexed to balance the interests of landlord and tenant. The

existing model tenancy agreement provides a longer term tenancy model with the

following rules:

a. A fixed tenancy of a minimum of two years

b. A break clause after six months, where either party can end the contract without

grounds. The landlord must give the tenant at least two months’ notice if they

intend to end the contract.

c. After six months, the landlord can only repossess their property during the fixed

term if they intend to sell the property or by serving a section 8 eviction notice. In

both cases they must give the tenant notice (under section 8 or section 21 of the

Housing Act 1988 as applies) of their intention to apply to court for possession

and, subsequently, applying to the court for a possession order.

d. After the six month break clause, the tenant can leave the property before the end

of the fixed term provided that they give at least three months’ notice in writing to

the landlord. The three months’ notice is intended to give the landlord sufficient

notice and time to find a replacement tenant.

e. Rent can be increased at most once per year at a rate agreed by the landlord and

tenant at the outset of the tenancy.

f. At the end of the fixed term a landlord is able evict a tenant in accordance with

section 21 of the Housing Act 1988. They must give two months notice.

Otherwise, a new contract can be agreed, or the contract will automatically

transition to a statutory periodic tenancy.

58. Whilst the existing model tenancy agreement provides a robust proposal, we recognise

that certain elements of it could be improved to better address the barriers identified in

the section above. Building on the model tenancy agreement, we think that a longer

tenancy proposal that could work better for both landlords and tenants is a three year

tenancy with a six month break clause. The main components of such a model are

described below.

59. A minimum three year tenancy but with an opportunity for the landlord and tenant

to leave the agreement after the initial six months if dissatisfied. If both landlord

and tenant are happy, the tenancy would continue following the break clause.

60. A three year tenancy is one option but longer minimum tenancies are common

elsewhere. Some countries have no threshold and tenancies can only be ended if the

tenant gives notice or has reasonable grounds. This is the approach that Scotland has

recently implemented in December 2017 through the Private Housing (Tenancies)

(Scotland) Act 2016.

61. Private rented tenancies in Scotland are open-ended and landlords are not able to evict

a tenant simply because their tenancy agreement has reached its end date; the tenant

must give notice or the landlord will have to use one of the new, 18 modernised grounds

for repossession (Annex C), which cover all the reasonable circumstances under which a

landlord may wish to regain possession of a property.

62. We would be interested in respondents’ views on minimum tenancy length.

63. We understand that there may be a need for a probation period for the tenant and

landlord to get to know each other, which a six month break clause might provide.

However, we also want to gauge views on how to ensure this does not lead to abuse

and does genuinely lead to more secure tenancies.

64. Following the six month break clause, the tenant would be able to leave the

tenancy by providing a minimum of two months’ notice in writing.

65. It is important that tenants can still leave the property when their circumstances change

given that some value the flexibility that the private rented sector offers. This model

proposes that tenants should have to provide a minimum of two months’ notice when

they wish to leave the tenancy. Very long notice periods may lead to tenants finding a

new property and leaving a rented property early, increasing the chance of voids and lost

revenue. However, we recognise that one month’s notice may not give landlords

sufficient time to find a replacement tenant and ensure a continuity of income. We think

two months’ notice strikes a fair balance but welcome views on whether a longer or

shorter notice period would be preferable.

66. Landlords can recover their property during the fixed term if they have reasonable

grounds. These grounds would be in accordance with the existing grounds in

Schedule 2 of the Housing Act 1988 and would include antisocial behaviour and

the tenant not paying the rent. Landlords must give the tenant notice (which would

follow the notice set out in section 8 of the Housing Act 1988 for the ground or

grounds used). Additionally, there would be grounds which covered landlords

selling the property, as is possible in the current model tenancy agreement, or

moving into it themselves. These grounds would require the landlord to provide at

least two months or 8 weeks notice in writing.

67. Again the model does not propose to change notice periods from those already in use.

While this model has been developed to provide greater stability with a longer fixed

term, there will be situations in which the landlord may need to end the tenancy early to

take account of unexpected changes in their circumstances or owing to failure of the

tenant to comply with the terms of the agreement.

68. We think the grounds for a landlord to recover their asset during the fixed term in

Schedule 2 of the Housing Act 1988 are the right ones and also have the benefit of

being in use already and understood.

69. We recognise that one barrier to landlords offering longer tenancies is a concern that

they may not be able to recover their property where they wish to sell it. We do not

want to discourage investment in the sector and are keen to promote the supply of

good quality rented accommodation. We therefore propose, as in the existing model

tenancy agreement, to include sale of property as a ground for repossession.

70. Requiring landlords to give at least two months’ notice when selling or moving into a

property should ensure that the tenant has time to look for alternative accommodation

but we are aware that some tenants may need more time to make arrangements. We

therefore welcome views on whether a notice period of longer than 2 months would be

more appropriate.

71. We would also encourage a landlord looking to sell their property to consider selling it

with a tenant in place, to minimise disruption to the tenant.

72. Rents can only increase once per year at whatever rate the landlord and tenant

agree but the landlord must be absolutely clear about how rents will increase

when advertising the property.

73. We recognise that landlords may need to increase the rent to respond to market

conditions and do not want to unfairly penalise them financially. The proposed model

therefore permits a rent increase but does not cap the amount of increase except that it

must be a level that is agreed at the outset of the tenancy agreement with the tenant.

An alternative option would be to cap the rent increase at the rate of inflation in the

Consumer Price Index or other measure.

74. However, we want to mitigate the risk of default rent rises. A capped rent rise within

longer term tenancy agreements may lead to some tenants experiencing rent rises they

might not otherwise have had. We believe limiting the frequency of a rent rise and

prescribing that any such rent rise must be agreed by the landlord and tenant is a

preferable and fairer option. This mirrors the proposal in the existing model tenancy

agreement and should overcome the barrier of landlords wanting to retain flexibility with

regards to rent setting whilst giving tenants assurance that they will not be subject to

surprise rent increases.

75. Exemptions could be put in place for tenancies which could not realistically last

for three years, for example, short term lets and student accommodation.

76. We recognise that there are circumstances where a three year tenancy would be

impractical and want to encourage dialogue between landlords and tenants on this. We

recognise that any future model should continue to allow flexibility and want to seek

views on whether exemptions from a longer tenancy model are necessary and, if so,

which parts of the market these exemptions should cover.

77. A summary of the difference between the existing legislative framework, the model

tenancy agreement and the proposed three year contract is included in Annex A and B.

Implementation

78. We welcome views on how a longer tenancy model could be implemented. One option

is legislation. This would improve security for all tenants across the private rented

sector and would introduce consistency in the market. Exemptions would be needed in

cases where a longer tenancy would not be practical or appropriate. We are also aware

that a legislative approach could restrict landlords on the time taken and burden of

repossessing their property through the Section 8 process and steps would be needed

to mitigate this.

79. Another legislative option would be to mandate the proposed longer term model as the

‘default’ option with the opportunity to opt for a shorter term let if requested by the

tenant.

80. Alternatively financial incentives could be explored. This could be quicker to implement

but would still require legislation and could be administratively burdensome. The

landlord would likely need to demonstrate compliance with other legislative

requirements such as completing annual gas safety checks and protecting any deposit

taken in a Government approved tenancy deposit protection scheme and this would

need to be easily verifiable. We would also have to consider ways to ensure that

incentives were not subject to abuse.

81. In recent research by the Residential Landlords Association, 63% of landlords reported

that tax relief would encourage them to offer a longer tenancy.

Any tax incentive

would require primary legislation, and need to take into account the interaction between

tax, which is partially devolved, and housing, which is fully devolved. There is a further

consideration around how any tax incentive would play out in Scotland, where they

have recently regulated to introduce indefinite tenancies. Different rules would also be

required for individuals and corporate landlords. Cash payments could be considered

for landlords who demonstrated that they had offered and delivered a longer tenancy.

Such payments could be administered locally by local authorities.

82. A third implementation option is to promote better education and try and change

behaviour through sharing of guidance and raising awareness. This could be achieved

through the ‘how to rent’ and ‘how to let’ guides to landlords and tenants. Other options

could include a kitemark on property portals and adverts to indicate properties where

the landlord is keen to consider a longer term tenancy or simplifying the existing model

tenancy agreement to make it easier to use and explore ways to more actively promote

it. If awareness were increased, it could lead to greater uptake and a cultural shift

towards longer tenancies.

83. We welcome views on both the three year tenancy model and how it could be

implemented.

Simcock, T.J., (2018). The Impact of Taxation Reform on Private Landlords. Manchester: UK. Residential Landlords

Association. Retrieved from: https://research.rla.org.uk/wp-content/uploads/impact-taxation-reform-landlords-2018.pdf

Questions

You do not need to answer all the questions provided; please only respond to questions

that are relevant to you.

About You

Q1: Are you responding (please tick one)

 As a private individual?

 On behalf of an organisation? (Please give organisation’s name below)

Q2: If you are an individual, in which capacity are you completing these questions?

(please tick one)

 A tenant

 A landlord

 Other (please specify)

Q3: If you are an organisation, which of the following best describes you? Please

leave blank if you are answering as an individual.

 Landlord

 Property agent

 Letting agent

 Local Authority

 A sector representative body

 Charity dealing with housing issues

 Other (please specify)

Questions for Tenants:

Q4: Did you know that you could have a tenancy of greater than 6 or 12 months?

 Yes

 No

Q5: Have you been offered a tenancy of longer than 12 months?

 Yes

 No

Q6: If your landlord or agent offered you a tenancy of longer than 12 months would

you accept it? Please explain

 Yes

 No

Questions for Landlords:

Q7: Have you ever offered a tenancy of longer than 12 months? Explain reasons

 Yes

 No

Q8: What would most encourage you to offer a longer tenancy? (Pick One)

 I do not want to offer longer tenancies

 Happy to offer them if a tenant wants one

 My mortgage provider conditions allowing it

 More efficient processes to remove a bad tenant or recover my property if needed

 Longer notice periods

 No restrictions around rent

 Financial incentive

 Other [Please explain]

Q9: Have you ever experienced difficulties repossessing a property? If yes, please

include details of your experience including reference to time taken and cost.

 Yes

 No

Questions for all

Q10: Do you think that the protection for tenants from retaliatory eviction

introduced in the Deregulation Act 2015 has been successful? Please explain

 Yes

 No

 Not aware of what these protections are

Q11a: What do you consider to be the main benefits of a longer tenancy for

landlords? (Assign a score out of 10 for the importance of that factor with 10 being

the most important)

 Less risk of void periods for landlords

 Tenants more likely to take care of property

 Landlords save on costs of finding new tenants

 Other (please explain)

Q11b: What do you consider to be the main benefits of a longer tenancy for

tenants? (Assign a score out of 10 for the importance of that factor with 10 being

the most important)

 Greater security for tenants

 Tenants saving money as they do not have to sign new tenancies or renew so

frequently

 Tenants have greater assurance they can afford any rent increase

 Tenants more empowered to challenge poor practice

 Other (Please Explain)

Q12: Do you consider that there are any further benefits of longer tenancies that are

not covered in question 11? Please explain.

Q13: What do you consider to be the main barriers to landlords offering longer term

tenancies?

 Tenants do not want them

 Landlords do not want to offer them

 Landlords concerned about void periods

 Time taken to gain possession of property

 Agents’ advice

 Landlords want to retain ability to increase rent

 Mortgage conditions

 Other [please list]

A New Framework

Our suggested longer term tenancy model is a three year tenancy with a six month break

clause. The main components would be:

a. A three year tenancy but with an opportunity for landlord and tenant to leave the

agreement after the initial six months if dissatisfied. If both landlord and tenant are

happy, the tenancy would continue for a further two and a half years.

b. Following the six month break clause, the tenant would be able to leave the

tenancy by providing a minimum of two months’ notice in writing.

c. Landlords can recover their property during the fixed term if they have reasonable

grounds. These grounds would be in accordance with the existing grounds in

Schedule 2 of the Housing Act 1988 and would include antisocial behaviour and

the tenant not paying the rent. Landlords must give the tenant notice (which would

follow the notice set out in section 8 of the Housing Act 1988 for the ground or

grounds used). Additionally, there would be grounds which covered landlords

selling the property, as is possible in the current model tenancy agreement, or

moving into it themselves. These grounds would require the landlord to provide at

least two months or 8 weeks notice in writing.

d. Rents can only increase once per year at whatever rate the landlord and tenant

agree but the landlord must be absolutely clear about how rents will increase

when advertising the property. Any agreement on rent should be detailed in the

tenancy agreement.

e. Exemptions could be put in place for tenancies which could not realistically last for

three years, for example, accommodation let to students or holiday lets.

Q14: Do you think that a three year tenancy with a six month break clause as

described above is workable? Please explain

 Yes

 No

Q15 If you are a landlord would you be willing to offer the model of longer tenancy

described above? If you are a tenant would the model of longer tenancy described

above be attractive to you?

 Yes (landlord responding)

 No (landlord responding)

 Yes (tenant responding)

 No (tenant responding)

Q16: How long do you think an initial fixed term tenancy agreement should last (not

considering any break clauses or notice periods)? Please explain

 6 months

 12 months

 2 years

 3 years

 5 years

 No limit set

 Other

Q17: What do you think is an appropriate length of time for a break clause?

 Less than 3 months

 3 months

 6 months

 12 months

 Other

Q18: How much notice should landlords be required to give to tenants when they

want to recover their property to sell or move into?

 Less than 1 month

 1 month or 4 weeks

 6 weeks

 2 months or 8 weeks

 3 months or 12 weeks

 6 months or 24 weeks

 Longer than 6 months

Q19: How much notice should tenants be required to give to their landlords when

they want to leave their tenancy?

 Less than 1 month

 1 month or 4 weeks

 6 weeks

 2 months or 8 weeks

 3 months or 12 weeks

 6 months or 24 weeks

 Longer than 6 months

Q20: Do you think that the grounds for a landlord recovering their property during

the fixed term under any longer term tenancy agreement should mirror those in

Schedule 2 of the Housing Act 1988, with the addition of the right for the landlord to

recover their property when they wish to move in or sell it?

 Yes

 No

Q21: Do you think that there should be any restrictions on how often and by what

level the rent should be increased in a longer tenancy agreement? And if so what is

the maximum that these restrictions should be? (Tick up to two)

 Yes – rent increases should be limited to once per year

 Yes – rent increases should be limited to once every 18 months

 Yes – rent increases should be limited to once every two years

 Yes – rent increases should be limited in frequency but not in the amount that can

be charged

 Yes – any rent increases should be linked with inflation measures (e.g. Consumer

Price Index (CPI)

 Yes – any rent increases should be linked to local market averages

 No – rent increases should not be limited

 Other – please explain

Q22: What do you think is the best way to ensure that landlords offer longer term

tenancies to those that want them or need them? Please explain.

 Change the law to require all landlords to offer longer tenancies

 Change the law to require all landlords to offer longer tenancies as a default with an

option to choose a shorter term

 Financial incentives

 Voluntary measures such as a kitemark on longer term properties or an updated

version of the existing model tenancy agreement

 Other (please explain)

Q23: Which types of tenancy should be exempted from the proposed system?

 Purpose Built Student Accommodation

 All Student Accommodation

 Holiday Lets

 Tenancies for those with visas ending in the next 3 years

 Tenancies for those with short term work contracts

 Other (Please explain)

Q24: What do you think would be the benefits and disadvantages of changing the

law to require all landlords to offer the longer term tenancy model?

Q25: What, if any, financial incentive could encourage longer tenancies? Please

explain

Q26: If there were a financial incentive to offering longer tenancies, what conditions

should a landlord have to comply with to be eligible? (Tick all that apply)

 Meet all legal requirements

 Agree to certain restrictions about frequency and level of any rent increases

 Comply with a minimum property standards, including gas safety checks and

tenancy deposit protection

 Other (please explain)

Q27: What other options to promote longer tenancies should be considered?

Q28: Do you consider that any of the above would impact on people who share a

protected characteristic, as defined under the Equalities Act 2010, differently from

people who do not share it? If yes, please provide details.

 Yes

 No

Q29:Do you have any other comments that have not been captured elsewhere in

this consultation?

Annex A: Comparison table for tenant

security

Tenant

Security

6 Month

AST

12 Month

AST

2 Year Model

Tenancy

Agreement

Proposed 3

Year Contract

Landlord

can evict

without

fault or

reason

(Section

21) after:

6 months

12 Months

24 Months (or at 6

month break)

36 Months (or at

6 month break)

Landlord

can evict

with tenant

fault

(Section 8)

at any time

Yes

Landlord

can evict to

sell or

move in

after:

6 Months

12 Months

6 Months

Rent is

controlled

for:

6 months,

unless an

increase is in

the contract,

then largely

unregulated.

Can

challenge in

the First Tier

Property

Tribunal

(rare).

12 months,

unless an

increase is

in the

contract,

then largely

unregulated.

Can

challenge in

the First Tier

Property

Tribunal

(rare).

According to

contract. Increases

are normally limited

for 24 months.

According to

contract.

Increases are

normally limited

for 36 months.

Rent can

increase…

times a

year

1 (after 6

months) can

be more if

the tenant

agrees

0 (1 after 12

months) can

be more if

the tenant

agrees

1 (limited by

contract)

1 (limited by

contract)

Annex B: Comparison table for landlord

security

Landlord

Security

6 Month

AST

12 Month

AST

2 Year Model

Tenancy

Agreement

Proposed 3

Year

Contract

Tenant

can leave

within 6

Months

Notice if

tenant

leaving

after 6-12

months

1 Month

Not

Possible

3 Months

1 Month

Notice if

tenant

leaving

after 12

months

1 Month

3 Months

1 Month

Annex C: Grounds for eviction in Scotland

Mandatory grounds

The first eight grounds for eviction are 'mandatory'.

This means that if the Tribunal agrees that the ground exists, the tenant must leave the

property.

1. LANDLORD INTENDS TO SELL THE LET PROPERTY

This ground applies if you plan on putting the let property up for sale within three months

of the tenant moving out.

You'll need evidence to prove it – this could include a letter from a solicitor or an estate

agent, or a recent home report for the property.

2. LET PROPERTY TO BE SOLD BY LENDER

This ground applies if your mortgage lender wants to repossess the property and sell it.

3. LANDLORD INTENDS TO REFURBISH THE LET PROPERTY

This ground applies if you want to carry out major works to the let property that are so

disruptive that the tenant wouldn't be able to live there at the same time.

Example of evidence could include planning permission, or a contract between you and an

architect or a builder for the work to be carried out.

4. LANDLORD INTENDS TO LIVE IN LET PROPERTY

This ground applies if you want your tenant to move out of the property so that you or your

joint landlord can move in.

Evidence could include an affidavit (a written statement, signed under oath in the presence

of a Notary Public or a Justice of the Peace, that can be used as evidence at the Tribunal)

saying this is what you are going to do.

5. LANDLORD INTENDS TO USE THE LET PROPERTY FOR NON-RESIDENTIAL PURPOSE

This ground applies if you want the tenant to move out so you can use the property for

something other than a home.

Evidence could include planning permission that will let you use the property for a different

purpose.

6. LET PROPERTY REQUIRED FOR RELIGIOUS WORKER

This ground applies if the property is held to be available for someone who has a religious

job (like a priest, nun, monk, imam, lay missionary, minister, rabbi or something similar).

The ground only works if the property has been used for this purpose before.

7. TENANT HAS A RELEVANT CRIMINAL CONVICTION

This ground applies if your tenant is convicted of an offence punishable by imprisonment

that involved them either:



using the property for illegal reasons



letting someone use the property for illegal reasons



committing a crime within or near the property

You have to apply to the Tribunal within a year of your tenant getting the conviction, unless

you have a reasonable excuse for not applying before then.

8. TENANT IS NO LONGER OCCUPYING THE LET PROPERTY

This ground applies if the property isn't being used as the main or only home of your

tenant or a legal sub-tenant.

This doesn't count if you've failed your duty to keep the property in good repair and the

tenant has had to move out for their own safety.

Discretionary grounds

The next eight grounds for eviction are 'discretionary'.

This means that even if the Tribunal agrees that the ground exists, it still has to decide

whether it will issue an eviction order.

9. LANDLORD'S FAMILY MEMBER INTENDS TO LIVE IN THE LET PROPERTY

This ground applies if a member of your family plans to move into the property as their

only or main home for at least three months.

Members of your family who qualify for this are:



someone you're married to



someone you're in a civil partnership with



someone living with you as though they were married to you



a parent or grandparent



a child or grandchild



a brother or sister



step or half relatives (like a stepson or half-sister)



a person being treated as someone's child even if they aren't related biologically or

legally



any family member (as listed above) of your spouse, civil partner or person living with

you as though you were married



the spouse or civil partner of any family members listed above, or someone living with

them as though they were married

You need evidence for this ground. This could include an affidavit stating that this is what

your family member intends to do.

10. TENANT NO LONGER NEEDS SUPPORTED ACCOMMODATION

This ground applies if the tenant moved in because they had a need for community care

and they've since been assessed as no longer having that need.

11. TENANT HAS BREACHED A TERM OF THE TENANCY AGREEMENT

This ground applies if the tenant hasn't complied with one or more of the terms of tenancy.

This doesn't apply to cases where the tenant hasn't paid their rent (known as 'rent arrears')

– there's a separate ground for this.

12. THE TENANT HAS ENGAGED IN RELEVANT ANTISOCIAL BEHAVIOUR

This ground applies if the tenant has behaved in an antisocial way to another person, by

doing something which either:



causes them alarm or distress



is a nuisance or annoyance



is considered harassment

The First-tier Tribunal will consider the behaviour, who it involved and where it occurred to

decide whether to issue an eviction order.

To use this ground, you have to apply to the Tribunal within a year of the conviction or

behaviour taking place, unless you have a reasonable excuse.

13. TENANT HAS ASSOCIATED IN THE LET PROPERTY WITH SOMEONE WHO HAS A

CRIMINAL CONVICTION OR IS ANTISOCIAL

This ground applies if your tenant allows someone into their property and they behave in

an antisocial way that would have them evicted if they were the tenant.

This person could be:



a sub-tenant



a lodger of the tenant



someone the tenant lets into the property on more than one occasion

To use this ground, you have to apply to the Tribunal within a year of the conviction or

behaviour taking place, unless you have a reasonable excuse.

14. LANDLORD HAS HAD THEIR REGISTRATION REFUSED OR REVOKED

This ground applies if you aren't registered as a landlord in the local council area where

the property is located.

This could be because the local council has either:



refused to enter you in the register



removed you from the register

15. LANDLORD'S HMO LICENCE HAS BEEN REVOKED

This ground applies if the HMO (House of Multiple Occupancy) licence for the property has

been removed and keeping all the tenants in the property would no longer be legal.

16. AN OVERCROWDING STATUTORY NOTICE HAS BEEN SERVED ON THE LANDLORD

This ground applies if an 'overcrowding statutory notice' has been served on you because

the property is overcrowded to the extent that it may affect the health of the people living

there.

Annex D: Personal data

The following is to explain your rights and give you the information you are entitled to

under the Data Protection Act 2018.

Note that this section only refers to your personal data (your name address and anything

that could be used to identify you personally) not the content of your response to the

consultation.

1. The identity of the data controller and contact details of our Data Protection

Officer

The Ministry of Housing, Communities and Local Government (MHCLG) is the data

controller. The Data Protection Officer can be contacted at

[email protected]

2. Why we are collecting your personal data

Your personal data is being collected as an essential part of the consultation process, so

that we can contact you regarding your response and for statistical purposes. We may also

use it to contact you about related matters.

3. Our legal basis for processing your personal data

The Data Protection Act 2018 states that, as a Government department, MHCLG may

process personal data as necessary for the effective performance of a task carried out in

the public interest. i.e. a consultation.

3. With whom we will be sharing your personal data

Survey Monkey will collect some data for this consultation. We have taken all necessary

precautions to ensure that your rights in terms of data protection will not be compromised

by this.

4. For how long we will keep your personal data, or criteria used to determine the

retention period.

Your personal data will be held for two years from the closure of the consultation

5. Your rights, e.g. access, rectification, erasure

The data we are collecting is your personal data, and you have considerable say over

what happens to it. You have the right:

a. to see what data we have about you

b. to ask us to stop using your data, but keep it on record

c. to ask to have all or some of your data deleted or corrected

d. to lodge a complaint with the independent Information Commissioner (ICO) if you

think we are not handling your data fairly or in accordance with the law. You can contact

the ICO at https://ico.org.uk/, or telephone 0303 123 1113.

6. The Data you provide directly will be stored by Survey Monkey on their

servers in the United States. We have taken all necessary precautions to ensure that

your rights in terms of data protection will not be compromised by this.

7. Your personal data will not be used for any automated decision making.

8. Your personal data will be stored in a secure Government IT system. Data

provided to Survey Monkey will be moved from there to our internal systems by

January 2019.

About this consultation

This consultation document and consultation process have been planned to adhere to the

Consultation Principles issued by the Cabinet Office.

Representative groups are asked to give a summary of the people and organisations they

represent, and where relevant who else they have consulted in reaching their conclusions

when they respond.

Information provided in response to this consultation, including personal data, may be

published or disclosed in accordance with the access to information regimes (these are

primarily the Freedom of Information Act 2000 (FOIA), the Data Protection Act 2018 (DPA)

and the Environmental Information Regulations 2004.

If you want the information that you provide to be treated as confidential, please be aware

that, as a public authority, the Department is bound by the Freedom of Information Act and

may therefore be obliged to disclose all or some of the information you provide. In view of

this it would be helpful if you could explain to us why you regard the information you have

provided as confidential. If we receive a request for disclosure of the information we will

take full account of your explanation, but we cannot give an assurance that confidentiality

can be maintained in all circumstances. An automatic confidentiality disclaimer generated

by your IT system will not, of itself, be regarded as binding on the Department.

The Ministry of Housing, Communities and Local Government will process your personal

data in accordance with the law and in the majority of circumstances this will mean that

your personal data will not be disclosed to third parties. A full privacy notice is included at

Annex D.

Individual responses will not be acknowledged unless specifically requested.

Your opinions are valuable to us. Thank you for taking the time to read this document and

respond.

Are you satisfied that this consultation has followed the Consultation Principles? If not or

you have any other observations about how we can improve the process please contact us

via the complaints procedure.