Delivering a culture change in property guardianship: recommendations for reform to the regulatory landscape

Abstract

Purpose

Property guardianship is increasingly being viewed as an alternative and, in many cases, a last resort to the unaffordable private rental market. This upsurge in the incidence of guardianship necessarily amplifies the existing legal grey areas and the inherent insecurity and precarity in the sector for guardians. Drawing on interviews with property guardians and archival research, the purpose of this study is to explore the background to the guardianship occupation model; highlight the key problems guardianship generates and, building on this, propose recommendations for reform to the regulatory landscape of guardianship. This study argues that a culture change in property guardianship is needed so that guardians can be better protected, and local authorities empowered to be more proactive in overseeing standards of guardian properties in their areas.

Design/methodology/approach

This study draws on qualitative semi-structured interviews with 46 property guardians and archival research.

Findings

The author argues that property guardians routinely enter the sector largely as a matter of last resort based on financial considerations or following difficult life experiences. Insecure and precarious, guardianship operates under licence agreements which provide less protection for guardians. Coupled with ambiguity around the application of existing housing legislation to guardianship and research showing non-engagement by local authorities with guardianship, this study suggests regulatory reform is urgently needed.

Originality/value

With traditional residential tenancies in the private rental sector increasingly unaffordable for many and guardianship becoming a viable alternative, this study argues for significant regulatory reform to the guardianship sector to ensure guardians are adequately protected under the law. This study presents a series of proposals to deliver a culture change in the sector.

Citation

Bevan, C. (2024), "Delivering a culture change in property guardianship: recommendations for reform to the regulatory landscape", Journal of Property, Planning and Environmental Law, Vol. ahead-of-print No. ahead-of-print. https://doi.org/10.1108/JPPEL-02-2024-0007