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Banning Orders flop - average of just 13 issued a year

Only 39 rogue landlords and letting agents have been hit with banning orders in the first three years of their existence.

The revelation comes from The Guardian, which has used Freedom of Information requests to find how many orders have been issued by local authorities. 

Under the 2016 Housing and Planning Act, agents or landlords subject to banning orders cannot let housing in England, or engage in lettings agency or property management work in England.

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In 2018  the Ministry of Housing Communities and Local Government announced that agents landlords convicted of a range of housing, immigration and other criminal offences risked being banned. In addition, they would be put on a new database of rogue operators. There are over 40 offences for which agents or landlords could be put on the database. 

However, the latest Guardian investigation suggests very few such orders are issued.

Making such an order is a lengthy process with the onus on the local authority.

Under the 2016 Act a council must give the agent or landlord a notice of its proposal to apply for a banning order. This is called a ‘notice of intent’; this must be served by the council within six months of the agent or landlord being convicted of the offence which triggers the desire to ban.

The agent or landlord then has at least 28 days to make representations about the proposed ban. 

The Guardian, on the third anniversary of such bans becoming law, quote Shelter chief executive Polly Neate as saying: “The problems with private renting are bigger than rogue landlords and agents. The government should not just be focused on getting more names on this database. They should use the upcoming Renters Reform Bill to tackle the root of problems with the sector.”

The Guardian also quotes Labour shadow housing secretary Thangam Debbonaire as saying: “We need real action to tackle the housing crisis, crack down on bad practices and support councils to build truly affordable homes … The [government] should follow the example set by Sadiq Khan, who publishes data on dodgy landlords in London, and make the names public so we can all see who they are.”

Over the winter London’s Labour Mayor Sadiq Khan launched his Property Licensing Checker, a PropTech tool that allows tenants to see if the home they rent should have a local authority licence - although it does not directly say whether the landlord of the specific property has obtained such a licence.

Khan’s checker service has since won support not only from tenants’ pressure group Generation Rent but also from lettings agency accreditation service, Safeagent.

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    Yeah great work. All tenants concerned should look out for adverts for rentals from Polly Sadiq Debbonaire and The Guardian I here they are the best half the price twice the size and well worth waiting for. You don’t even have to pay when there’s a pandemic on. Good luck with that

  • Kathryn Everson

    Surely if a list can be made of Rogue Landlords, which in theory, I have no problem with, why can it not be possible to have the same for rogue tenants. Who hasn't started off with a 'good' tenant, who then has broken the terms of their contract by housing a pet without permission that has subsequently caused damage to the property, or not kept the property in clean and good order, or left a property with mess, damage or non payment of rent? We know there are good and bad on both sides, but with the amount of existing legislation already in place to protect tenants, I think you will find there are more Rogue Tenants than could be imagined. Could this report be based on the fact that having had issues brought to the attention of these landlords, many have rectified the issues? Also with laws on competition/ equal opportunities etc. there must be one to even up the unfairness of allowing Sadiq Khans list for Rogue Private Landlords and not for Rogue Tenants. I'm guessing also that no local authority would want their Housing departments to be added to any list even though I understand from figures, they have many issues as 'landlords' that fall short of a good or reasonable landlord

    Daniela Provvedi

    As a LL, there are a few things I can do to root out a rogue tenant.
    Firstly, I'll ensure to get a proper reference done on each tenant that will live in my properties. Next, I will personally want to see the last 3 bank statements showing salary deposits, and will personally speak to their ex-landlord.
    I've not done this often, but moving forward I will definitely only take tenants with home-owning guarantors.
    And also, there's facebook, instagram, twitter, snapchat, etc, that can give a lot of information about a person.

    That's just the start....

    There will also be a firm Tenancy Agreement in place; a photographic inventory; a 5 week deposit, and my rent will be very high....

    Once the tenant passes everything to my satisfaction as per the above, I promise them a lovely, warm, well maintained, safe property to live in.

     
  • George Dawes

    I was about to let a property to a person but after seeing their antics on instagram , no way

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    Sadiq Khan Mr Mayor seems to me to take hundreds of pounds from each C/tax property pa, looks like 1/5th to me, whether it’s the LL paying or the Tenant it’s a huge cost putting pressure on Renting. Mayor election next month you have your chance & he is only in Office by default for last year as Election wasn’t held because of Corona.

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