Local authority intervention in private renting: from compliance to hardline enforcement

Abstract Drawing on data from two empirical projects concerned with local authority enforcement of standards in the private rented sector, this article argues that there are signs of greater use of formal enforcement approaches, and that these approaches are increasingly ‘hardline’. This finding runs counter to the existing scholarship on regulatory enforcement, which emphasizes securing compliance over formal enforcement. Securing compliance is also integral to the regulatory guidance in this sphere of activity. Further, in the context of cuts to local authority funding and greater local authority demand for private rented stock to meet household needs, the shift to hardline approaches requires explanation. Drawing on Keith Hawkins’ and Peter Manning's theory of legal decision making, which emphasizes consideration of the surround, the field, and the frame, the authors explain how changes to the field, in particular, have encouraged this shift.

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Publication Details

Journal
Journal of Law and Society
Published
2024-08-05
DOI
https://doi.org/10.1111/jols.12489
Citations
3
Primary Topic
Housing, Finance, and Neoliberalism
Type
article
Field-Weighted Citation Impact
1.62

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article

Local authority intervention in private renting: from compliance to hardline enforcement

David Cowan, Alex Marsh, Jennifer Harris
3 citations
Journal of Law and Society
Housing, Finance, and Neoliberalism
1.62
article

Local authority intervention in private renting: from compliance to hardline enforcement

David Cowan, Alex Marsh, Jennifer Harris
article en
3 citations

Abstract

Abstract Drawing on data from two empirical projects concerned with local authority enforcement of standards in the private rented sector, this article argues that there are signs of greater use of formal enforcement approaches, and that these approaches are increasingly ‘hardline’. This finding runs counter to the existing scholarship on regulatory enforcement, which emphasizes securing compliance over formal enforcement. Securing compliance is also integral to the regulatory guidance in this sphere of activity. Further, in the context of cuts to local authority funding and greater local authority demand for private rented stock to meet household needs, the shift to hardline approaches requires explanation. Drawing on Keith Hawkins’ and Peter Manning's theory of legal decision making, which emphasizes consideration of the surround, the field, and the frame, the authors explain how changes to the field, in particular, have encouraged this shift.

Journal of Law and SocietyVol. 51(3)
University of Bristol (GB), Cardiff University (GB)
Economic and Social Research Council
Peace, Justice and strong institutions
Openalex Percentile: Top 16%
Housing, Finance, and Neoliberalism
1.62
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Local authority intervention in private renting: from compliance to hardline enforcement — David Cowan, Alex Marsh, et al. · Journal of Law and Society (2024) | TGRS Research Map | TGRS