Landlords group hits out at councils over failure to use rent repayment order powers

Councils across England are failing to use Rent Repayment Order powers to tackle bad landlords in the private rented sector, the Residential Landlords Association (RLA) has claimed.

The RLA highlighted figures given in a parliamentary answer earlier this month suggesting that during the 18 months until the end of September 2018 just three Rent Repayment Orders had been made by local authorities.

“Where the rent is paid directly by a tenant, they have the same rights as councils to apply for a Rent Repayment Order – and 18 have been made over the same period,” it added.

Since April 2017 it has been possible for councils to reclaim up to 12 months of rent from private landlords for a range of offences in instances where rent was paid through housing benefit or the housing element of Universal Credit. Tenants who pay their rent directly have the same rights.

Offences include those related to the licensing of rented property, a failure by a landlord to comply with an Improvement Notice, seeking to evict tenants illegally or engaging in harassing behaviour.

The RLA said its research had already shown councils were failing to use new powers they have to fine landlords up to £30,000 for failing to provide acceptable housing.

Freedom of Information requests by the RLA found that, in 2017/18, 89% of local authorities did not use these new civil penalty powers, which were introduced in April 2017.

David Smith, Policy Director for the Residential Landlords Association, said: “Councils are failing tenants and good landlords.

“For all the talk about them needing new powers, the reality is that many are not properly using the wide range of powers they already have to drive out criminal landlords. Laws without proper enforcement mean nothing.”