Legal News

Housing Minister Brandon Lewis has announced that the government is to crack down on criminal landlords who house tenants in unsafe and overcrowded properties.

A new discussion paper sets out plans to improve the standard of England’s shared homes, by extending mandatory licensing to smaller and medium-sized properties.

Under the proposals, where a landlord fails to obtain a licence, they are liable to pay a potentially unlimited fine.

The government says that the measures will reduce overcrowding in England’s shared properties – and tackle the problem of rogue landlords head-on.

Proposals will also help councils tackle the problem – and bring an end to ruthless landlords who exploit their tenants and charge them extortionate rents to live in cramped conditions.

Housing Minister Brandon Lewis said:

“It is simply unacceptable that people are living in cramped, unsafe accommodation provided by landlords, who are more interested in a quick profit than the safety or welfare of their tenants.

“The actions of these rogue landlords are helping fuel illegal working, benefit fraud and illegal immigration, by creating a shadow housing market that carries dangers to people’s health, as well as communities.

“The government is determined to crack down on rogue landlords – and these measures, alongside those in the Housing Bill, will further strengthen councils’ powers to tackle poor-quality privately rented homes in their area.”

The proposals intend to make it easier for Local Authorities to raise standards in houses used as shared homes, by making the rules apply to more shared homes, including one- or two-storey properties – current rules apply to homes of three storeys.

The measures will also ensure rules apply to poorly converted blocks of flats and flats above and below shops, which are often exempt – and will set a minimum size for rooms, in line with existing overcrowding standards.

In addition, the government is reviewing the information requirements when applying for a licence, in order to simplify and speed up the process.

New rules set out in the Housing Bill will enable Local Authorities to take strong action against rogue landlords and letting agents, including creating a database of rogue landlords and letting agents, helping councils to focus their enforcement action on where it is most needed.

The existence of a database will also help councils keep track of those who have been convicted of housing offences, enabling Local Authorities to seek
banning orders for the most prolific and serious offenders.

Councils will also be able to issue civil penalty notices of up to £5,000 for certain breaches of housing legislation, ring-fencing resources for housing compliance activity.

The measures will also extend rent repayment orders to cover situations where a tenant has been illegally evicted, or the landlord has failed to rectify a serious health and safety hazard in the property, allowing Local Authorities to retain that money for housing purposes where the rent was paid through Housing Benefit or Universal Credit.

There will also be a more stringent “fit and proper” person test for landlords letting out licensed properties – such as houses in multiple occupation – to help ensure that they have the appropriate skills to manage such properties and do not pose a risk to the health and safety of their tenants.

Measures proposed in the paper would apply to England only. The closing date for comments is Friday 18 December. Comments should be submitted on the online form.

Duncan Lewis Housing Solicitors

Duncan Lewis housing solicitors can advise public sector housing tenants on a wide range of housing matters – including Local Authority housing, housing possession, housing fraud and council’s obligation to re-house.

There are Duncan Lewis offices nationwide – and our housing law solicitors can also advise on housing benefit and disrepair of rented property.

For expert legal advice on housing law, call Duncan Lewis housing solicitors on 0333 772 0409.