Source · Select Committees · Housing, Communities and Local Government Committee
Recommendation 16
16
Acknowledged
If it is not already doing so, the Government should consult local authorities about what...
Recommendation
If it is not already doing so, the Government should consult local authorities about what amendments are needed to the civil penalties regime and include any necessary legislative changes in the proposed renters reform Bill. In particular, we recommend that non-payment of a civil penalty be made a criminal offence and that local authorities be given the power to register an unpaid penalty as a legal charge on the property. We also again recommend that the Government remove the requirement on local authorities to obtain the permission of the Secretary of State to introduce a selective licensing regime covering more than 20% of private rented homes in their areas. It should be for local government, unencumbered by too much central control, to decide the best way to enforce housing standards. Finally, on prosecutions, we repeat the recommendation of our predecessor Committee in its 2018 report, Private rented sector, that courts require offenders to pay costs to local authorities that reflect the actual cost of the enforcement action. We also ask the Government to clarify whether Reforming the Private Rented Sector 61 landlords are able to avoid prosecution for housing offences by transferring ownership of the property before the court hearing. If this is the case, we recommend it consult on what changes are necessary to prevent this from happening. (Paragraph 93) Affordability
Government Response Summary
The government agrees a strong enforcement regime is vital and is committed to ensuring local councils have the powers and resources they need to tackle criminal landlords. The Levelling Up, Housing and Regeneration Bill includes measures to set minimum standards for enforcement, which they will consult on.
Government Response
Acknowledged
HM Government
Acknowledged
We fully agree that a strong and effective enforcement regime is vital to ensure the reforms deliver on their ambitions and that tenants get safe and secure homes. We are committed to ensuring that local councils have the powers and resources they need to tackle criminal landlords, driving up standards across the sector. It is through strong enforcement and increased fines that we can protect tenants and ensure landlords meet their legal obligations. We will also continue to work to drive up standards and professionalism amongst landlords. The government recognises that there are currently inconsistencies in how local authorities undertake enforcement activity and we are committed to addressing these. A report by the Centre for Public Innovation in 2021 found significant variation across councils in their approach to tackling poor property conditions and illegal eviction, along with a lack of data sharing and skills.2 The Levelling Up, Housing and Regeneration Bill includes measures that will allow the government to set minimum standards for enforcement. We will consult on these standards, which will give tenants more confidence that councils will act where landlords fail to meet their obligations, helping to address the inconsistency in approaches. This means we can level up enforcement of housing standards, wherever people live.