rogue landlord
📖 What is rogue landlord? Meaning and definition
The term 'rogue landlord' refers to landlords who consistently neglect their legal duties, frequently resulting in poor living conditions for their tenants. These landlords may rent out properties that are unsafe, overcrowded, or otherwise fall below decent standards. They often ignore legitimate complaints from tenants and may even prefer to face prosecution rather than properly maintain their properties.
Measures such as banning orders have been introduced to address the issue of rogue landlords. These orders aim to prevent individuals who have been convicted of serious housing, immigration, or other criminal offences related to their role as landlords from continuing to earn income from renting out properties or engaging in property management work.
The First-tier Tribunal considers several factors when deciding whether to impose a banning order. These include the seriousness of the offence, any previous convictions for banning order offences, and whether the person is listed in the database of rogue landlords and property agents. The Tribunal also assesses the likely impact of a banning order on the individual and others affected.
Banning order offences are specified in regulations, such as failing to comply with an improvement notice or a prohibition order under the Housing Act 2004. These offences must have been committed after 6 April 2018, and the sentence imposed must not have been an absolute or conditional discharge.
📋 Requirements
- Conviction for a 'banning order offence'.
- The offence was committed after 6 April 2018.
- The sentence imposed was not an absolute or conditional discharge.
- Consideration of the seriousness of the offence and any previous convictions.
- Inclusion in the database of rogue landlords and property agents (under section 30 of the 2016 Act).
📝 Procedure
- An application for a Banning Order is brought, often by a local authority.
- The Tribunal considers the seriousness of the offence and any previous convictions.
- The Tribunal checks if the person is included in the database of rogue landlords and property agents.
- The Tribunal assesses the likely effect of the banning order on the person and others.
- A Banning Order is imposed for a specified period, if deemed appropriate.
💡 Examples
- A landlord who repeatedly fails to fix serious structural issues in a rented property, despite receiving official improvement notices, could be considered a rogue landlord.
- A landlord letting out an overcrowded property with inadequate safety measures, leading to a conviction for a housing offence, might face a banning order.
- A property owner who ignores a prohibition order to stop renting out a dangerous flat could be added to the rogue landlord database and banned from letting.
- A landlord convicted of an offence related to their property management work, such as failing to comply with a prohibition order, could be subject to a banning order.
📚 Legal basis
- Housing and Planning Act 2016
- Housing and Planning Act 2016 (Banning Order Offences) Regulations 2018
- Housing Act 2004
❓ Frequently asked questions
What is a banning order?
A banning order is a legal measure introduced to prevent rogue landlords from letting housing, engaging in letting agency work, or property management work in England after they have been convicted of certain offences.
What kind of offences can lead to a banning order?
Offences that can lead to a banning order include failing to comply with an improvement notice or a prohibition order under the Housing Act 2004, provided the offence was committed after 6 April 2018 and did not result in an absolute or conditional discharge.
How long can a banning order last?
The duration of a banning order can vary, with examples from actual cases showing orders lasting for three or five years, depending on the specifics of the case and the Tribunal's decision.
Can a tenant report a rogue landlord?
While the excerpts focus on the legal process after conviction, tenants experiencing issues with substandard or dangerous accommodation should typically contact their local authority, who may then investigate and take action against the landlord.
What is the database of rogue landlords and property agents?
This is a database established under section 30 of the Housing and Planning Act 2016, where individuals who are considered rogue landlords or property agents can be listed, and inclusion in this database is a factor the Tribunal considers when making a banning order.