A/HRC/25/54/Add.2
transactions, lending and building. As one author notes, “the housing crisis in the UK has
taken the form of a crisis of supply and affordability: as tighter credit conditions have
reduced the pool of those able to access mortgages, fewer people have been able to afford a
suitable property to purchase”.41
31.
A combination of measures by the Government, the Bank of England and lenders
kept arrears and repossession levels low during the financial crisis. These measures include
the Support for Mortgage Interest regime, a funded mortgage rescue scheme to help owners
remain as tenants instead of being evicted; low bank base rates; increased openness to loan
modifications; extended forbearance; and the Funding for Lending Scheme. The Special
Rapporteur welcomes these important measures; however, she suggests caution for the near
future, as some of the measures are temporary and will end shortly, which in turn might
lead to increases in repossession levels by 2015. Northern Ireland, especially Belfast, has
seen the highest number of mortgage defaults and repossessions by banks, partially due to
the more difficult economic situation and higher levels of unemployment.42
32.
The private rented sector is growing steadily. Between 1981 and 2011/12, the
number of households in that sector doubled from 1.9 million to 3.8 million.43 Different
household types are housed in the private rented sector, including an increasing number of
households with children, and young people. Weak security of tenure is often the rule, with
typical contracts lasting 12 months, after which tenants can be evicted or confront price
hikes. The law permits longer tenancies, but this is not standard practice. One source notes
that, due to the nature of the assured shorthold tenancies that operate in England, tenants
often find themselves with very few rights and little security when it comes to their
tenancy.44 Twenty-six per cent of homelessness acceptances were triggered by the loss of
an assured shorthold tenancy — the leading reason for people losing their home.
33.
The regulation of the private rented sector varies across the United Kingdom. In
England, the Government argues that regulation may lead to disinvestment by landlords,
decreasing the supply of housing for rent. A range of different regulations exists for
landlords (for example, fire and gas safety provisions), but these are difficult to enforce as
tenants may fear becoming subject to retaliatory eviction if they complain.45
34.
For many, private tenancy is the only option. However, there are significant
problems, such as insecurity of tenure, poor management practices and discrimination
against specific population groups by landlords and letting agents.46 In areas of high
demand, like London, these problems can be severe.47 The recent release of a draft tenants’
charter is a positive step towards more information and protection for tenants.48
41
42
43
44
45
46
47
48
Robertson, “What goes up”, p. 1.
See Northern Ireland Courts and Tribunal Services, “Mortgages: actions for possession, July–
September 2013 (provisional figures)”, November 2013.
DCLG, English Housing Survey: Households 2011-12, annex, figure 1.1.
TPAS, “Written submission”, para. 4.1.
England and Scotland noted that legislation to regulate the sector is under way.
See, for example, BBC Inside Out investigation, London, October 2013 (www.bbc.co.uk/news/ukengland-london-24372509).
London Assembly, Housing and Regeneration Committee, Greater London Authority, Rent Reform:
Making London’s Private Rented Sector Fit for Purpose (2013), p. 23.
DCLG, “Draft tenant’s charter: guidance note for discussion” (2013).
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