LGA calls for minimum £30k fine for rogue landlords

Rogue landlords who commit housing offences should be fined a minimum of £30,000 by magistrates as part of common sentencing guidelines to improve standards in the private rental sector, the Local Government Association has said.

Under powers recently introduced, councils can enforce fines of up to £30,000 to private landlords for offences such as failing to license a property, or not complying with an improvement notice.

However, the LGA said there were currently no guidelines for magistrates when sentencing for housing offences.

Magistrates based their decision on how much a landlord said they could afford, rather than the seriousness of the offence or the harm caused to tenants, it added.

The LGA argued that the most serious cases such as for fire safety breaches or providing substandard housing which councils decide to take to a magistrates’ court, should lead to fines that at least matched the highest level of a civil penalty. “This will raise standards and provide consistency across the courts.”

The Association has also called for greater freedoms to introduce private housing licensing schemes to improve rental standards for tenants across entire council areas.

Under the current system, local authorities have to apply to the Secretary of State for Housing, Communities and Local Government for permission to introduce schemes that cover more than 20% of an area or 20% of privately rented homes.

Cllr Martin Tett, LGA Housing spokesman, said: “The majority of landlords are decent, responsible law-abiding citizens who do a great job in making sure their tenants are living in safe and quality housing. Unfortunately there is a minority of rogue landlords who give those good landlords a bad name.

“Councils want to work with landlords, not against them. But with more young people and families renting privately than ever before, we need to see reforms that will maintain and improve housing standards.”

“A key deterrent to rogue landlords would be for the Government to set common sentencing guidelines which delivers consistency across the courts. It is not right that the level of civil penalty could outweigh that which is handed out by magistrates.”

Cllr Tett added: “Many councils are already tackling issues in the private rental sector by bringing in landlord licensing schemes. But they are limited in how widely these can be introduced. We need to see these rules relaxed and councils given more freedom and flexibility in establishing schemes.

“Landlord licensing schemes allow landlords to demonstrate that they are responsible and adhere to ensuring homes are maintained to a high standard. It also protects and provides reassurance to tenants that they are living in a decent, safe and secure home.”