Renting Homes: The Final Report - Law Commission
Renting Homes: The Final Report - Law Commission
Renting Homes: The Final Report - Law Commission
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THE LAW COMMISSION<br />
RENTING HOMES: THE FINAL REPORT<br />
To the Right Honourable the Lord Falconer of Thoroton, Secretary of State for<br />
Constitutional Affairs and Lord Chancellor<br />
PART 1<br />
INTRODUCTION<br />
INTRODUCTION<br />
1.1 <strong>Renting</strong> homes is big business. Almost a third of the population rent their homes.<br />
Despite the attention paid to the owner-occupied sector, rented housing remains<br />
a significant part of the housing market in England and Wales. An active, well-run<br />
rental market is needed:<br />
(1) to provide choice for those who want to rent;<br />
(2) to meet social need by providing housing for those who cannot afford to<br />
buy;<br />
(3) to increase flexibility in the accommodation and labour markets by<br />
enabling people to move quickly to take up job opportunities or to explore<br />
new housing options.<br />
1.2 It is generally accepted that the rented housing sector needs regulation. Market<br />
mechanisms cannot redress imbalances in the bargaining power of landlords and<br />
occupiers. At the same time, the regulatory framework must be one that works<br />
and can be delivered in a cost-effective way.<br />
1.3 At the heart of our recommendations – the result of one of the largest<br />
consultation exercises ever undertaken by the <strong>Law</strong> <strong>Commission</strong> 1 − are two<br />
radical changes to the legislative approach to the regulation of rented housing.<br />
<strong>The</strong>se recommendations are encapsulated in the Rented <strong>Homes</strong> Bill which we<br />
are publishing alongside this <strong>Report</strong>.<br />
1 We published two Consultation Papers: <strong>Renting</strong> <strong>Homes</strong> 1: Status and Security (2002) <strong>Law</strong><br />
<strong>Commission</strong> Consultation Paper No 162, in April 2002,<br />
http://www.lawcom.gov.uk/docs/cp162.pdf; <strong>Renting</strong> <strong>Homes</strong> 2: Co-occupation, Transfer and<br />
Succession (2002) <strong>Law</strong> <strong>Commission</strong> Consultation Paper No 168, in September 2002,<br />
http://www.lawcom.gov.uk/docs/cp168.pdf (last visited 15 March 2006). We addressed<br />
over 70 public events; we received over 400 written responses to the Consultation Papers.<br />
<strong>The</strong> essential contribution made by consultees was acknowledged in our <strong>Report</strong> <strong>Renting</strong><br />
<strong>Homes</strong> (2003) <strong>Law</strong> Com No 284, at Annex D.<br />
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