A charity is calling for landlord licensing schemes which cost enough to fund annual inspections, and the issuing of “sentencing guidelines” to punish landlords who break the rules.
Safer Renting – a charity which describes itself as being “at the forefront of advocating for essential reforms in the private rental sector” – makes the demand along with 13 other recommendations, in a report looking at how licensing works in five London boroughs.
The charity claims that since being established 20 years ago, licensing has become the ‘go-to’ tool for London local authorities to regulate the private rented sector.
In a report it says: “Selective Licensing needs strengthening with enhanced programmes of inspection and enforcement. This report adds to the government’s own data, showing that even where licensing is in place, landlord non-compliance is the norm. The report recommends improving enforcement powers with measures such as annual property inspections and continuing schemes until there is evidence it is no longer required.”
And it argues against the belief that the property portal proposal contained in the Renters Reform Bill actually makes licensing redundant.
Instead it claims: “Abolishing selecting licensing risks undermining the entire stated purpose of the Renters Reform Bill: improved security of tenure for renters isn’t really worth having if the homes they have the right to stay in aren’t fit for human habitation.”
Looking in details at Camden, Ealing, Enfield, Waltham Forest, and Westminster, the campaign group then makes a string of recommendations.
– Establish collaborative procurement clubs with other local authorities to acquire digital IT solutions tailored to support licensing and enforcement.
– Amend the Housing Act 2004 to establish property licensing, such that schemes are set up to continue unless and until there is evidence enforcement standards are no longer necessary
– Lengthen the minimum initial term of licensing schemes to 10 years to allow for the process of scheme mobilisation, data and intelligence gathering to be reached, outcomes to start to be delivered and for set up costs to be recouped
– Recognise the need for start-up or gap funding to support local authorities in establishing new licensing schemes during their initial term
– Conduct wholesale reform of the Housing Health & Safety Rating System to make it easier to understand and administer and to give equal priority to addressing long term health risks alongside immediate health hazards
– Make the minimum property standards for which enforcement powers and procedures in Part 1 of the Housing Act 2004 are provided, part of the core licence requirements of Parts 2 and 3, ending the need for Part 1 local authority Notices and enforcement procedures to be followed in the case of licensable property, whether or not it is so licensed.
– Rationalise the definitions of property licence to make it easier in Section 257 (S.257) HMOs to determine who is the ‘responsible person’ in mixed ownership and control buildings and allow licence types to be inter-operable when there is a minor change in the use and occupation.
– Remove high-risk properties (eg short-term lets and all types of temporary accommodation) from the exemption list for licensing.
– Create a mandatory national database for all private rented housing and its owners/managers.
– Develop a National Workforce Plan for the nationwide expansion of property licensing.
– Publish property licensing good practice guidance to local authorities.
- Amend First Tier Property Tribunal procedures to protect councils from landlords’ frivolous and vexatious appeals to Financial Penalties.
- The issuing, by the Ministry of Justice sentence council, of “sentencing guidelines for the prosecution of licensing offices.”
