ABSTRACT
This chapter argues that legal conceptualizations of relationships between landlords and tenants have not adequately considered the importance of individual agency. It explores the policy and legislative difficulties in regulating the sector. The chapter argues that the challenges encountered by policy makers in regulating the sector is in part associated with the diversity of the private rented sector (PRS) as well as a lack of recognition of the social aspects of relationships between landlord and tenant. It also argues that the key orientations, behaviour and motivations of the parties should be considered before developing, delivering and implementing policy and legislative changes. The chapter highlights how difficult the PRS is to regulate given its current diversity in stock conditions and the parties entering the sector. It concludes with a consideration of the Law Commission's recently published plans to reform the sector and whether they are likely to lead to more successful governance.
