BTL landlords accuse councils of failing to crackdown on rogues

Two thirds of English councils have prosecuted no landlords for offences related to standards in or the management of private rented housing over the last three years, the latest figures show.

The National Residential Landlords Association (NRLA) is warning that this failure to take action against the criminal minority brings the sector into disrepute and risks undermining further reform of the sector.

The NRLA obtained the data via Freedom of Information Act requests from 283 local authorities across England. In the three years between 2018/2019 and 2020/21, 67% had not successfully prosecuted a landlord for offences related to standards in or the management of private rented housing. A further 10% had secured just one successful prosecution.

Overall, just 20 local authorities were responsible for 77% of all successful prosecutions. The three local authorities with the highest number of prosecutions – Southwark, Birmingham and Hull – were responsible for 38% of all such action across England. Of these, Birmingham and Hull had no local landlord licencing scheme in place.

Among those councils responding, just 937 successful prosecutions of criminal landlords had taken place over the past three years. This is despite government estimates in 2015 that there may be around 10,500 rogue landlords in operation.

The new data follows research published earlier this year by the NRLA which showed that over the same three years, 53 per cent of English councils had issued no civil penalties against private landlords.

Whilst the government has pledged to publish a white paper on reform of the private rented sector next year, the NRLA is warning that a failure to enforce the wide range of powers already available to tackle criminal and rogue landlords will critically undermine further reform.

The NRLA is calling on the government to provide councils with the multi-year funding needed to ensure they are properly resourced to take action against criminal landlords. According to research by Unchecked UK the amount spent on housing standards by local authorities in England fell by 45% between 2009 and 2019.

This must, the NRLA argues, happen alongside a requirement for councils to publish details of formal and informal enforcement activity against private landlords on an annual basis. This is vital to ensuring that they can be held to account for efforts to tackle criminal and rogue landlords.

Ben Beadle, chief executive of the NRLA, said: “The vast majority of responsible landlords are sick and tired of a failure to root out the minority who bring the sector into disrepute. The problem is not a lack of powers, but a failure by councils to enforce them properly.

“Whilst ensuring councils have the resources they need is vital, so too is the need for them to be more transparent about the levels of enforcement they are taking. In short, local authorities need to prioritise activity to find and root out criminal landlords, ensuring it is they who meet the costs of such efforts.

“Our research illustrates also that there is no clear link between the existence of a landlord licensing scheme and levels of prosecutions. Councils again need to be open with tenants and landlords about how such schemes are ensuring standards are met in rental housing.”

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2 Comments

  1. A W

    1. Licencing schemes are there as a revenue service for Councils.

    2. It’s actually easier to slap these rouge landlords with civil penalties of £30,000 a property than it is to criminally prosecute them. The easy option is simply to bankrupt them…

    3. While only 900 may have been convicted, how many are currently being prosecuted? As surprising as it may be, the legal system does take a rather long time.

    3. Council enforcement is a literal joke, they have so much power but their own enforcement agents don’t even know that they can and cant do.

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  2. Woodentop

    Hmmmmm not sure this story really does justice.

     

    What is missing is that Councils issue ‘infringement notices’ and will only take action if the landlord does not comply.

     

    So did 67% take action and resolved issues with landlords? That data is missing in the story and I will challenge a very high success rate will have been achieved. The ones that ended up in court and are the only ones this data is showing, are those that chose to ignore infringement notices that could be taken to court.

     

    You don’t need licensing to issue infringement notices. Wales and Scotland have proven that.

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