Justice for Tenants is on a mission to create a fairer playing field in the PRS by setting up a legal firm enforcing fines for non-paying landlords.

The non-profit group represents tenants in tribunal cases but also provides training and support to councils so they can go after errant landlords more effectively. In the run-up to the Renters’ Rights Act, when councils will have a statutory duty to issue civil penalty notices, it’s already helping almost 150 councils use its civil penalty notice generator. This software swiftly takes an authority’s penalty policy and turns it into a notice while developing a legal framework to enforce fines. Once a notice has been generated, Justice for Tenants will review it and provide feedback. It also aims to make notices easier for landlords to understand.

Justice for Tenants explains that about 25% of notices are currently appealed, and that this process also helps reduce grounds for appeal.

Many council officers don’t currently have the time or necessary skills to produce notices, it says, while differing penalties can be handed out for the same offence. Serving one can take 10 hours of staff time, while the generator can do it in 10 minutes.

Paid

However, more than 50% of notices aren’t paid, which is frustrating for those landlords who realise their mistake and promptly pay up, according to Al Mcclenahan, local housing authority training and outreach lead (pictured).

He tells LandlordZONE that the Act will prompt a big culture shift for local authorities; three-quarters of which will go from taking enforcement as the last option. He estimates that there will be up to 25 times as many notices issued after the Act and there will also be a massive spike in appeals.

“Many local authorities don’t have the skills or capacity to collect fines,” he says. “From 1st May there will be lots of breaches, including for things which aren’t that serious, but they will have to issue a civil penalty. If some landlords just ignore it, it’s not fair on those who choose to pay.”

Approval

The firm is waiting for approval from the Solicitors Regulation Authority and will be in place by 1st May. It will take a fee once the fine is paid; however, it has a social mission and isn’t there to try and profit, insists Mcclenahan, who believes it will mainly be used in the short term and might not be needed once councils’ knowledge and skills improve.

“The idea is to encourage people to change their behaviour and improve standards,” he adds. “I think we’re moving away from the extremes of rogue and good landlords, as the government is saying it doesn’t matter if you’re ‘rogue’, that’s not a relevant term – it’s more about professionalism.”

Landlord Law’s Tessa Shepperson has produced a Dealing with Local Authority Enforcement Kit, going into procedures, offences and breaches to help landlords.

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