‘Ban Rogue Landlords’, Proposes New Housing And Planning Bill

The Housing and Planning Bill, which was recently launched by the government, proposed that if the landlords or letting agents have a string of previous offences or convictions, they could be banned from letting property. This means if a person has been convicted of a banning order offence, the rules would allow local housing authorities to request banning orders against that person. Before applying for a banning order, the authority must give the person a notice of intended proceedings.

Whether or not the banning order can be issued, will be decided on the basis of the seriousness of the offence which the individual has been convicted of. According to Curry Popeck Solicitors, offences that could lead to a landlord or a letting agent being banned includeuse of violence to gain entry, failure to comply with an improvement notice, eviction or harassment of occupiers, failure to comply with a prohibition order and control or management of an unlicensed house.

If a banning order is breached, the responsible party could be fined up to £5,000.

The bill also requires the creation of a database of rogue landlords and letting agents, which will serve as a vital tool for stamping out bad practice in the residential rental sector and will help tenants find genuine landlords, assert CurryPopeck. But, the entry into the database should be made on the basis of a well-defined criterion, which does not vilify the law-abiding landlords and letting agents. The rights of both tenants and landlords will have to be kept in mind before making a decision.

Another very important proposition of the Housing and Planning Bill is that rent repayment orders will be introduced and served against the landlords who have breached a banning order. Under this, the landlord may be required to repay rent paid by a tenant or pay a local housing authority a specified amount.

According to Curry Popeck, after the representation of the bill in the House of Commons, it will be passed to the House of Lords where it will undergo three readings as well as a committee and report stage. There will then be a consideration of amendments stage before it is given Royal Assent, which is when it will become law.

Landlords have a legal duty of care to their tenants, so it’s their duty to make sure that the property they are letting is safe. If you are a property owner and would like legal advice regarding your duties as a landlord, feel free to get in touch with our expert team at Curry Popeck.

We advise on developments, compulsory purchases, lettings, joint ventures, finance agreements and property disputes. Our legal experts’ impeccable legal advice and friendly legal assistance will take you through the complex legal procedure in a manner that is smooth and stress free.

Our team of highly experienced solicitors, led by Philip Popeck and Lionel Curry provide tailored solutions to all legal issues relating to corporate law, litigation and dispute resolution, employment law, family and property. From complex family law to commercial and residential property transactions for both private individuals and corporate entities, our team of experts have the expertise to achieve the desired results.

PLEASE NOTE THAT THIS ARTICLE DOES NOT NECESSARILY EXPRESS THE EXPERTISE OF THIS PRACTICE.

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