DCLG consults on tackling rogue landlords

The Department for Communities and Local Government has set out proposals on how to tackle rogue landlords. Included in the consultation document is a proposal to extend the use of Rent Repayment Orders, an instrument which requires a landlord to repay rent, including any rent paid through housing benefit.  These orders are currently only used in limited circumstances.  The proposals seek to allow these orders to be used to penalise a landlord who has illegally evicted a tenant or failed to comply with a statutory notice. These measures, if adopted, will only apply to landlords operating in England.

The consultation document is broken into three sections: “Tackling the worst offenders”; “Rent Repayment Orders and Civil Penalties” and “Abandonment”.  

Tackling the worst offenders

Respondents are asked for their opinions on the effectiveness of the current fine system used to penalise those found guilty of housing offences.  The document also proposes creating a blacklist of persistent offenders which could be used by local authorities to help focus enforcement action where it is most needed.

Rent repayment orders and civil penalties

Rent repayment orders were introduced in England by the Housing Act 2004.  They are currently only used where a landlord has failed to obtain a licence for a licensable property, but the consultation proposes extending them to cover scenarios where a landlord has been convicted of certain offences.  The document also contains proposals allowing a First Tier Tribunal to impose an automatic Rent Repayment Order.  Currently, the local authority or tenant must make a separate application for this order after a landlord has been convicted of failing to obtain a license.

The document also suggests allowing local authorities to issue civil penalties for certain housing offences, including overcrowding, poor sanitation, dampness and infestation of vermin.

Abandonment

Landlords must be very cautious when dealing with a property which appears to have been abandoned by a tenant.  Legally, the landlord must obtain a possession order before he can legitimately repossession the property, a process which can take a long time and prove costly for the landlord.

The consultation proposes speeding up the process for dealing with an abandoned dwelling.   The suggested process is broadly similar to the process used by social housing providers, requiring that the landlord issue a written notice to the tenant and allowing the tenant 6 months to apply to the court for damages if they believe that they were wrongly deemed to have acted unfairly.

The consultation closes on 27th August.  Although this consultation only applies to England, it contains some interesting proposals which may have a bearing on the private rented sector in Northern Ireland.   As part of the Housing Strategy 2012-17, Government has committed to “ensuring access to decent, affordable, sustainable homes across all tenures”. Within the private rented sector, this means reviewing and improving standards, supply and regulation.   Housing Rights is holding its annual PRS summit on 17 November 2015 where experts will examine how the private rented sector in Northern Ireland can improve standards, supply and the tenant-landlord relationship.