Posts with tag: rogue landlords

Councils are Failing to Tackle Bad Landlords, Insists the RLA

Published On: March 29, 2019 at 9:56 am

Author:

Categories: Landlord News

Tags:

Councils across England are failing to use the powers that they have been given to tackle bad landlords in the private rental sector, insists the Residential Landlords Association (RLA).

Figures given in a parliamentary answer reveal that, during the 18 months until the end of September 2018, local authorities made just three Rent Repayment Orders across England.

Where the rent covered by benefits is paid directly by a tenant, they have the same rights to apply for a Rent Repayment Order as councils, with 18 made over the same period.

Since April 2017, councils have had the power to reclaim up to 12 months’ rent from private landlords for a range of offences in instances where rent was paid through housing benefit or the housing element of Universal Credit. Tenants who pay their rent directly have the same rights. 

Offences include: those related to the licensing of rental property; a failure by a landlord to comply with an improvement notice served on them; seeking to evict tenants illegally; or engaging in harassing behaviour.

The figures arrive after research by the RLA has already shown that councils are also failing to use new powers to fine landlords up to £30,000 for providing inadequate housing. The new civil penalty powers were introduced in April 2017. 

Freedom of Information requests by the RLA have found that, in 2017/18, 89% of local authorities did not use these new powers. Half reported that they did not have a policy in place to use them.

David Smith, the Policy Director for the RLA, says: “Councils are failing tenants and good landlords. For all the talk about them needing new powers, the reality is that many are not properly using the wide range of powers they already have to drive out criminal landlords.

“Laws without proper enforcement mean nothing. It is time for councils to start acting against the crooks.”

Criminal Landlord Enforcement in England Cut by a Quarter

Published On: February 28, 2019 at 10:57 am

Author:

Categories: Landlord News

Tags: ,

Councils across England have cut the amount that they are spending on dealing with criminal landlords by a quarter compared with 2009/10, the Residential Landlords Association (RLA) has found.

According to analysis by the organisation, while spending by local authorities in England on housing standard activities was £44.5m in 2009/10, by 2017/18, that had fallen to £33.5m – a drop of £11m.

With over 150 Acts of Parliament containing more than 400 regulations governing the private rental sector, the RLA argues that better enforcement of these laws, backed up by greater funding, is key to driving out the minority of landlords who can make life a misery for tenants and bring the industry into disrepute.

While the Government has recently made £2m available for councils to support efforts to tackle problem landlords, the RLA does not believe that one-off pots of money provide the certainty for councils to be able to plan long-term enforcement action.

New civil penalty powers enable councils to keep the proceeds of fines levied on criminal landlords and use this money for further enforcement. The problem is that councils don’t have the resources to kickstart the process by taking action against rogue landlords that then leads to fines generating funding for further action, the RLA says.

It is calling on the Government to provide in the forthcoming Spending Review a multi-year funding package to support initial enforcement action.

John Stewart, the Policy Manager at the RLA, insists: “Criminal landlords undermine the reputation of the decent majority, cause tenants to suffer and have no place in the sector.

“Local authorities must have the funds they need to properly enforce the wide range of powers they already have to tackle substandard housing and criminal behaviour. Our analysis shows that, for all the warm words, councils are in desperate need of new funding to ensure this happens. The Government should use the Spending Review to address this as a matter of urgency.”

£2.4m of Extra Funding for Councils to Tackle Rogue Landlords

Published On: January 16, 2019 at 9:04 am

Author:

Categories: Landlord News

Tags: ,

Almost £2.4m of extra funding will be made available to more than 50 councils across the country to help them tackle rogue landlords, the Minister for Housing and Homelessness, Heather Wheeler MP, has announced.

The Government acknowledges that the vast majority of landlords provide good homes for their tenants, but it hopes that the extra funding will enable local authorities to step up action against the small minority who continue to flout the law and force vulnerable renters, such as young families, to live in unsuitable or unsafe housing.

Various councils will benefit from the extra funding, including Walsall, which will look to improve cross-agency enforcement work, including the innovative use of drones and thermal mapping to identify potential problem properties.

Lancaster plans to create a training programme for existing enforcement staff across the Lancashire region.

Meanwhile, the Greater London Authority (GLA) and Greater Manchester Combined Authority (GMCA) have been allocated over £330,000 between them to conduct coordinated work to tackle rogue landlords who operate across multiple local authorities in their regions.

Wheeler insists: “Everyone has the right to live in a home that is safe and secure, and it is vital we crack down on the small minority of landlords who are not giving their tenants this security.

“This extra funding will further boost councils’ ability to root out rogue landlords and ensure that poor-quality homes in the area are improved, making the housing market fairer for everyone.”

The Government has already given local authorities stronger powers to tackle criminal landlords, ranging from hefty fines to banning orders for the worst offenders.

The extra funding will be used to support a range of projects that councils believe will help them to ramp up action against criminal landlords.

Councils may also decide to support tenants to take action against poor living standards through rent repayment orders, or develop digital solutions, helping officers to report back and make decisions quicker.

Councils that receive funding will be encouraged to share best practice and examples of innovative approaches, to help improve enforcement in other areas.

Councillor Judith Blake, the Housing Spokesperson for the Local Government Association, says: “The vast majority of landlords are responsible and provide decent housing for their tenants, however, the reputations of that majority are being tarnished by the small minority of landlords who exploit loopholes with no regard to their responsibilities.

“Councils want to support a good quality local private rented offer in their communities, but can be held back by significant funding pressures and uncertainty. It is therefore good that the Government has announced a funding boost for councils, to help ensure the small minority of rogue landlords improve standards.”

She adds: “We ask that the Government now follows this announcement by granting more freedom for councils to establish local licensing schemes.”

Fitness for Human Habitation Bill to Complete Passage through Parliament

Published On: December 19, 2018 at 9:55 am

Author:

Categories: Law News

Tags: ,,

The Homes (Fitness for Human Habitation) Bill is due to complete its passage through Parliament today (Wednesday 19th December 2018).

As a result, tenants across England are on the verge of being given new powers to take action against rogue landlords.

The private members’ bill, which will give both private and social tenants in England the power to take their landlords to court if their home is unsafe, will have its third and final reading in the House of Lords today.

The proposed new rules would require all tenancy agreements to have an implied covenant, stating that landlords must ensure that their properties are fit for human habitation at the start of and throughout the tenancy.

Tenants would be able to seek legal redress through the courts if their landlords fail to do this, without having to first go through the council.

Under the planned legislation, rogue landlords would be required to remove hazards or pay compensation to their tenants.

The bill, tabled by Karen Buck MP, will head back to the House of Commons early next year, for MPs to consider any amendments added by peers, before it’s given Royal Assent.

According to Buck, 750,000 homes in the private rental sector and 250,000 in the social rental sector have Category 1 hazards.

The MP for Westminster North has said in the past: “Living in a cold, damp, or unsafe home is hell. It damages people’s physical and mental well-being. It erodes the income of the poorest households. It impacts on children’s education.

“The most vulnerable tenants are those most at risk of being trapped in substandard accommodation and they are often least able to withstand the damage such conditions do.”

We will continue to keep landlords and tenants up to date with developments to the new law on ensuring that rental homes are fit for human habitation.

Judith Wilson Sentenced in Court over Failure to Comply with Notice

Published On: December 13, 2018 at 9:00 am

Author:

Categories: Landlord News

Tags: ,

Controversial buy-to-let landlord Judith Wilson was sentenced in court on Tuesday (11th December) for failing to comply with an enforcement notice issued by Ashford Borough Council, which ordered her to supply hot water to a disabled tenant.

Wilson has been fined £10,000 by Folkestone Magistrates’ Court and ordered to pay legal costs of £14,890.94.

After finding Judith Wilson guilty at a hearing in November, District Judge Justin Barron had ordered her to return to court for sentencing, and made a financial circumstances order under Section 162 of the Criminal Justice Act, which required her to disclose, in court documents, evidence of all bank accounts, both individual and joint, plus all assets.

In addition to the £10,000 fine, Judge Barron ordered Wilson to pay Ashford Borough Council’s legal costs in full. She has eight weeks to pay.

Welcoming the sentencing, a Spokesperson for Ashford Borough Council said that the case is a powerful reminder to private landlords that there will be serious consequences if they fail to deal fairly with their tenants.

They commented: “This successful prosecution shows that we have teeth and we are not afraid to fight for the rights of tenants. What a lot of private sector tenants don’t realise is that, if they have trouble with their landlord, they can come to us for help.

“Ashford Borough Council champions the rights of tenants, and we make sure that landlords remain accountable and live up to their responsibilities under the law. If they don’t, then there are consequences.”

They added: “In this case, we did everything we could to resolve the situation. We gave Mrs Wilson every opportunity to find a solution to the problem, but we were ignored. In the end, we realised that the only way to get justice for the tenants involved was to prosecute.”

As ever, we urge all landlords to stick to their legal responsibilities, and protect the health and safety of their tenants.

Private Renting System Seen as Giving Landlords Too Much Power, New Poll Finds

Published On: December 5, 2018 at 10:04 am

Author:

Categories: Landlord News

Tags: ,

As the amount of families in privately rented homes soar, a new report presents information to suggest a rethink of the current system, and how it can more fairly benefit all involved.

According to the results of a new poll, commissioned by IPR and Sky Data, released yesterday, a majority think that landlords have too much power, and that tenants should have greater protection from those who may behave badly.

Results of the poll:

The poll found widespread scepticism and unhappiness about the private renting system:

  • 54% say that landlords have “far too” or “slightly too” much power over tenants, while just 10% think tenants have “far too” or “slightly too” much power over landlords.
  • 53% say the way it works is “very” or “fairly” unfair for tenants, while just 19% regard it as fair.
  • Pensioners, single parents and couples with children are seen as groups for whom it works very or fairly badly by most people – 61%, 58% and 49% respectively.
  • 61% said it does not provide tenants with a long-term, stable home.
  • 59% say it does not provide affordable homes, and only 29% say it provides good quality accommodation – outnumbered by the 45% who say it does not.

Darren Baxter, IPPR Research Fellow, said: “The private rental market is broken, leaving too many households in insecure, unaffordable and poor-quality accommodation. Much more needs to be done to give tenants greater protection, rights and control over their homes.

“Our report shows that there is significant public support for much greater reform of the sector. Government should act now to improve the lives of renters across the country.”

Luke Murphy, IPPR Associate Director for Energy, Climate, Housing and Infrastructure, said: “Our report shows that tenants, landlords and the public all recognise that there are serious problems with the current system of private renting.

“Private renting fails to provide the stable and affordable homes that tenants, particularly families with children, require. The need for reform is clear and increasingly urgent.”

Hannah Slater, Policy and Public Affairs Manager at Generation Rent, said: “This research rightly points out that private renting is insecure, unaffordable, too often poor quality, and that tenants lack agency and representation in the current system.

“The Government should radically overhaul private renting through mandatory registration of private landlords and properties, and by ending Section 21 ‘no fault’ evictions to give renters security in their homes and the confidence to ask for repairs. It should also reinstate legal aid for housing cases, and explore how rent controls can work to make housing costs affordable for the fifth of the population now privately renting.”