Meanwhile, Housing Minister, John Healey, has announced plans to help tenants who are facing eviction as a result of repossession of the property by the landlord's mortgage lender. It is intended that tenants should be given more notice in order to seek alternative accommodation.

The Government estimates there are over three million households in the private rented sector in England. The Rugg Report identified various concerns:

• Lack of a professional perspective and knowledge of existing legislation on the part of landlords
• In some circumstances, difficulty in locating ill-intentioned landlords
• Lower standard of decent homes in comparison with the social rented or owner-occupier sectors
• Landlords responding to legitimate complaints by tenants by taking eviction action

The Government looked at the possibility of introducing a system of licensing to address these issues, before concluding that a national landlords' register was the preferred option.

To implement these proposals the government will need to introduce primary legislation, which is unlikely to be in place before 2011. Any homeowner who lets a property will be required to pay a £40 fee to join the register. It is likely this will apply to landlords who rent rooms to lodgers, although confirmation is awaited.

Under the proposals, landlords will need to provide information including their name, address and the property address. If concerns arise as to their level of service - and these complaints are upheld - landlords may be removed from the register and prevented from operating as a landlord. In that event, the property will be managed by either the local authority or properly regulated managing agent.

The National Landlords Association is opposed to the register on the basis that the collection of such details is overly intrusive. The Association's Chairman has pointed to the fact that the private rented sector is already heavily regulated.

The Times has reported concerns that if live-in landlords are to be brought within the scope of the proposals, the register will enable tax inspectors to use the register to crack down on tax evasion. Currently, live-in landlords can earn up to £4,250 per annum by letting rooms to lodgers without needing to pay tax. It is reported that many live-in landlords charge lodgers over £81 per week in rent, exceeding the tax threshold. There are concerns the register may discourage people from taking in lodgers at a time when many householders are having to look for other sources of income.

On the other hand Shelter, a charity representing homeless people, feels that the register does not go far enough.

The Department of Communities and Local Government website records that charities and advice centres have reported growing concerns about tenants being evicted from rented accommodation as a result of landlords falling behind on mortgage repayments. If a landlord has let a mortgaged property without obtaining the consent of his mortgage lender, the tenant will have limited rights of occupation. There are reports of tenants being evicted on very short notice and facing homelessness as a result. It is estimated that between 2,000 to 3,000 households could be affected this year.

Housing Minister, John Healey, has opened up a consultation process to look at opportunities to change the law. He has proposed that tenants affected in this way should be given a further two weeks notice before they are required to vacate the property. He states: "This will give them much needed breathing space to find another home. But I also want to see more lenders use alternatives to repossession, such as appointing Receivers of Rent to collect rent."

If you are a landlord or tenant likely to be affected by these proposals, Charles Lucas and Marshall would like to hear from you. Please post your comments to james.woodhouse@clmlaw.co.uk, or contact us via twitter at http://twitter.com/clmlawbits.

For more information contact James Woodhouse on 01635 521212 or james.woodhouse@clmlaw.co.uk