A House of Keys committee is calling for a complete rewrite of a Bill that aims to improve standards in the private rented homes – claiming parts are unintelligible.
It has criticised errors in the drafting of the Landlord and Tenant (Private Housing) Bill and says it should be sent back to the Attorney General’s chambers to be made ‘more intelligible’.
‘We found it hard to understand terms of the Bill and we have identified serious shortcomings in particular areas,’ the committee notes.
The committee, chaired by Douglas West MHK Chris Thomas, said it agreed that there should be basic guarantees of minimum standards of accommodation and behaviour by landlords.
But it says the Bill should also give more powers to landlords, outlining basic standards for the behaviour of tenants, including paying the rent on time and not damaging the property or its contents.
And it recommends a redrafted bill should apply to all tenancies, including public sector and agricultural tenancies.
Stephen Moore, spokesman for the Manx Landlords’ Association, welcomed the report’s findings. He said: ‘I would like to thank the committee for the hard work they have done. They have dealt with a lot of evidence and worked extremely hard to sift through it and make sense of it and produce a report that is balanced.
‘What I would hope now is we can produce a Bill which is acceptable to the landlords, fair to the tenants and workable for the regulators. The landlords who are the investors, the tenants who are the customers and the departments who are the regulators all need a Bill that is workable.’
He said from early on the wrong language had been used about ‘rogue landlords’ and the idea, which he described as an ‘urban myth’, that there was no regulation of the budget end of the private rented sector, when legislation setting out minimum standards already existed.
The Bill will make it illegal to operate as a landlord unless you are registered, and meet a set of minimum standards.
Minister for Policy and Reform Chris Robertshaw, who introduced the Bill as Social Care Minister, said there was a need to remedy serious shortcomings in housing provision.
Giving evidence to the committee, he spoke of poor quality accommodation with damp and limited central heating, totally unacceptable fittings, draughts, children being ill because of the conditions and adults being extremely stressed because they knew no way out of the circumstances.
The committee’s report states: ‘We note that the department has identified housing which is poor and landlords who do not act appropriately.
‘It is also noteworthy that there is already legislation to ensure that accommodation complies with basic housing standards, although this is not always complied with – sometimes because of the behaviour of tenants.
‘However, there are major areas of concern where tenants do not get the support that they deserve and we accept that a clearer statement of tenants’ rights is desirable.’
The committee recommended that a tenant’s failure to observe basic standards ought to entitle a landlord to obtain summary judgment for possession in a timely and cost effective manner.
The House of Keys will consider the report later this month.