Local authority housing officers have been reassured that a clause in the Renters’ Rights Bill won’t force them to prosecute every errant landlord, even though the current wording of the draft legislatoi suggests as much.
Property lawyer David Smith (main image) at Spector Constant & Williams reports that clause 107 imposes an obligation on local authorities to enforce housing law but is being widely misinterpreted, leading to confusion and worry in council offices.
He explains that while the clause outlines how “local authorities must seek to enforce the landlord legislation”, this is limited to certain areas such as the Protection from Eviction Act 1977 relating to unlawful harassment and eviction and the obligations to join a redress scheme and the private sector database.
Smith has unpicked the definition “reference to taking enforcement action” and believes it does not mean having to take formal action to penalise or prosecute in every case.
“There may be cases where an authority does not think the public interest test is met by formal action, or where the landlord has a defence to a penalty or prosecution,” he explains.
The clause also adds a new power for county councils to enforce the same pieces of legislation which, although a significant move, will rather depend on whether county councils actually choose to make use of these powers, says Smith.
“These uncertainties are always common in new legislation, but it is not a great sign that there is already extensive discussion about these issues before the legislation has even been passed,” he adds.
The new clause could also have repercussions for redress schemes. Sean Hooker (pictured), head of redress at Property Redress, says there is clearly a role for enforcement agencies to work with the redress environment, including the new ombudsman, to ensure the law is followed and standards are raised.
“One way forward would be for all interventions by local authorities to be recorded and measured rather than enforcements and prosecutions,” he tells LandlordZONE.
“This would show the positive effect the legislation is having.”
Image credit: David Smith.
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