The new Private Rented Sector Housing Bill announced by the Housing Minister Alex Neil in October was discussed at the National Landlord Day and the best explanation came from T C Young Solicitors. Here is a bullet point list of what they said:
· The “fit and proper” test of a landlord will be amplified meaning councils have greater ability to scrutinize a potential landlord’s past including
o Previous offences under landlord registration
o Whether they have any repairing standard issues enforced against them
o Anti social behaviour orders relating to any properties they own
o Complaints about them made to an official body
o A criminal record certificate will be required where there is reasonable ground to suspect information supplied is inaccurate
· Landlord registration numbers must be supplied in all types of property advertising except to let boards
· Improves enforcement
o Maximum fine raised to £5,000
o Disqualification orders for up to five years
· Information available to public will be improved
o Whether application made but not determined
o If a person has been refused a registration application
o If a person has been removed from the register
o Local authority must display all this for 12 months
· The Private Rented Housing Panel powers will be improved
o PRHP will supply information to local authorities
o PRHP will have powers to assist landlords in gaining entry to effect repairs and inspections
· Legislation on key money, premiums and holding deposits to be clarified
· Termination notices to be rationalised and clarified
Overall this legislation is good for tenants and landlords given where we are. Even though landlords may not like landlord registration it is important that the councils have powers to be able to enforce it and make it worthwhile now that we have it.
The question which almost always remains is whether the councils will have the resources available to use the legislation effectively.
Jonathan Gordon MRICS
Director
