Delivering a Culture Change in Property Guardianship: Recommendations for Reform to the Regulatory Landscape

Bevan, Chris

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, this article explores the background to the guardianship occupation model; highlights the key problems guardianship generates and, building on this, proposes recommendations for reform to the regulatory landscape of guardianship. It 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 property standards of guardian properties in their areas.
Design/methodology/approach
The article 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, the article 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 article argues for significant regulatory reform to the guardianship sector to ensure guardians are adequately protected under the law. It 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, 16(3), 237-254. https://doi.org/10.1108/JPPEL-02-2024-0007

• Journal Article Type: Article
• Acceptance Date: Apr 19, 2024
• Online Publication Date: Jun 3, 2024
• Publication Date: Jun 3, 2024
• Deposit Date: May 9, 2024
• Publicly Available Date: Jun 3, 2024
• Journal: Journal of Property, Planning and Environmental Law
• Print ISSN: 2514-9407
• Electronic ISSN: 2514-9407
• Publisher: Emerald
• Peer Reviewed: Peer Reviewed
• Volume: 16
• Issue: 3
• Pages: 237-254
• DOI: https://doi.org/10.1108/JPPEL-02-2024-0007
• Public URL: https://durham-repository.worktribe.com/output/2435437