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Tenants should have right to back out agreements with “criminal landlords” (27 July 2015)

Date: 27/07/2015
Duncan Lewis, Legal News Solicitors, Tenants should have right to back out agreements with “criminal landlords”

Generation Rent is calling on the government to use the forthcoming Housing Bill to give tenants the right to back out of a tenancy agreement with a convicted landlord.

Social housing publisher 24Dash reports that the call follows publication by Environmental Health News of all landlord convictions under the Housing Act, following a legal battle with the Ministry of Justice to release the data.

For the first time, publication of landlord convictions data allows renters to check if their landlord or a prospective landlord has been convicted of an offence.

Generation Rent says that the current number of landlord convictions is “no deterrent” to the worst landlords – and is calling on the government to increase the penalties for letting out unsafe homes.

Citizens Advice estimates that there are 740,000 unsafe homes in the private rented sector – however, only 2,006 landlords have been convicted.

Publication of the data and calls for the government to increase penalties may not ultimately strengthen tenants’ consumer power, however – and rental tenants must often pay letting agents a holding deposit of several hundred pounds before being given a draft tenancy agreement informing them of who their landlord is.

If the landlord turns out to be a convicted criminal and the tenant decides to walk away, they may still lose their holding deposit, says Generation Rent.

Generation Rent adds that a national landlord licensing scheme to make the sector more regulated and give landlords the training and support needed to comply with the law.

The organisation also says that expansion of the Rent Repayment Order system to enable tenants living in unsafe conditions to claim back rent would also help address the issue of unsafe housing.

Director of Generation Rent, Betsy Dillner, said:

“The private rented population has been growing over the past decade – and with rising demand, the number of opportunities for unscrupulous landlords to exploit desperate tenants has grown.

“Although prosecutions have been rising, Citizens Advice estimate that 740,000 homes are unsafe, so it’s clear that their activities are missing thousands of landlords – and not even acting as a deterrent.

“Those landlords who do get caught are fined tiny sums compared to the rent they receive, so they’re just treated as a business expense.

“If the government really wants to drive the bad landlords out of the market, we need a much more robust sentencing regime.”


Duncan Lewis Housing Solicitors

Duncan Lewis housing solicitors can advise private sector rental tenants and social housing tenants on a wide range of housing matters, including short-hold tenancies and notice to quit – as well as Section 193 (council’s obligation to house).

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For expert legal advice on housing law, contact Duncan Lewis housing solicitors on 020 7923 4020.

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