Title: Cash-Strapped Councils Struggle to Pursue Rogue Landlords, Investigation Reveals
Cash-strapped councils in England are facing significant challenges in pursuing rogue landlords due to limited financial resources, according to a recent investigation by openDemocracy. The investigation discovered that only 16 rogue landlords across the entire country are currently subject to banning orders, primarily due to the prohibitive legal costs associated with taking them to court. This situation highlights the difficulties faced by enforcement officers who witness daily criminal activity perpetrated by landlords but are unable to take effective action due to resource constraints.
Banning orders are imposed on landlords who commit offenses such as unlawful eviction and harassment. These orders prevent them from renting out properties or working in property management and letting agencies for a specified period. Despite there being 42 offenses that warrant banning orders, only 16 such orders are currently active in England. Among these, Camden council in London has issued the highest number at seven, followed by Welwyn Hatfield Borough Council with two. The remaining seven councils have each issued one banning order: Cornwall County Unity Authority, Telford & Wrekin, Wirral Borough Council, Cambridge City Council, Leeds City Council, Bristol City Council, and Bournemouth Borough Council.
Shockingly, outside of Camden, none of London’s remaining 32 councils have any banning orders in place, despite having a database of over 250 entries for rogue landlords. An anonymous enforcement officer revealed that they frequently encounter criminal activity deserving of a banning order, such as harassment and illegal eviction. Instances include tenants having their electricity switched off or landlords playing loud music to intimidate them into leaving their properties. Vulnerable tenants are particularly susceptible to mistreatment, as some landlords exploit their ignorance of their rights.
However, even when landlords are subject to banning orders, some continue to rent out their properties, with penalties for breaching the orders resulting in inconsequential fines. Housing lawyer Giles Peaker noted that the number of live banning orders is significantly lower than the actual number of offenses committed. Local authorities face considerable challenges in prosecuting criminal landlords due to the time-consuming and costly nature of legal proceedings, particularly when they face budget cuts and a lack of housing enforcement officers.
Research indicates that funding reductions and the scarcity of resources have hampered local authorities’ ability to effectively tackle criminal landlords. The complexity of gathering evidence to meet legal standards, combined with landlords using various tactics to evade detection, further exacerbate the enforcement process. The issue is compounded by the fact that government funding has decreased by 40% in real terms between 2009/10 and 2019/20, making it harder for councils to combat the wrongdoing of rogue landlords.
The UK government aims to address these issues through the Renters (Reform) Bill, which was introduced to Parliament in June. The bill proposes the creation of a national landlord database and mandatory property registration on a portal, equipping authorities with new tools to crack down on criminal landlords. However, there is no mention of increased funding for local authorities to support the implementation and enforcement of these new powers.
Tenant advocacy group Generation Rent has called for councils to be more proactive in issuing banning orders when appropriate and ensuring their enforcement. The organization emphasizes the need for the government to expedite the return of the Renters (Reform) Bill to Parliament. If enacted, the bill would establish a Property Portal and an Ombudsman, making it more challenging for criminal landlords to operate under the radar.
The lack of action against criminal landlords is concerning, given the appalling conditions that many renters have endured. A more stringent approach coupled with increased support for local authorities is crucial in eradicating this problem and ensuring the welfare of tenants. The government must prioritize providing adequate resources to councils, enabling them to enforce existing and new legislation effectively. By doing so, rogue landlords can be held accountable for their actions, and tenants can enjoy the safety and security they deserve in their rental properties.
