A council is considering imposing Banning Orders on unregulated and ‘informal’ landlords who have no lettings background and who advertise on social media.
A report going to the leaders of Rotherham Council in Yorkshire states: “An increase in unregulated and /or unaccredited agents and landlords advertising rented properties through social media, without any appropriate letting background.
“A number of landlords have now, as a result of Selective Licensing, been found to be in breach of relevant legislation.
“This policy [of imposing Banning Orders] will offer the council the means to take action against landlords and agents who have been convicted of certain offences, and who routinely offer poor housing, often to the poorest and most vulnerable in society.”
Relatively few banning orders have been successfully imposed by local councils, who have to make an application to the First-Tier Tribunal which will decide the application based on a number of factors.
If the Banning Order is approved and imposed, it takes some months to come into effect from which time the landlord will be banned from letting property, engaging in letting agency work, and engaging in property management work in England for any period from 12 months upwards.
If the order is breached the penalties can include up to 51 weeks in prison or a fine, or both, or a civil financial penalty of up to £30,000.