The following Property guidance note provides comprehensive and up to date legal information covering:
Part 2 of the Housing and Planning Act 2016 (HPA 2016) implements various measures to improve the way housing is managed, by enhancing the power of a local housing authority (LHA) to identify and combat rogue landlords and property agents in the private rented sector.
The provisions enable local housing authorities to apply for a banning order, which bans a landlord or property agent from managing or letting properties for at least 12 months. Tenants or LHAs can also apply for a rent repayment order (RRO) against a landlord who has committed a housing-related offence, requiring the landlord to repay an amount of rent paid by the tenant. The measures also provide for the creation of a database of rogue landlords and property agents (see: LNB News 20/12/2017 127 in respect of the database launched to protect private renters in London).
An LHA may apply to the First-tier Tribunal (Property Chamber) (FTT) for a banning order against a person or body corporate that:
has been convicted of a banning order offence, and
was a residential landlord or property agent at the time the offence was committed (this limb does not apply in relation to an application against an officer of a body corporate)
The effect of a banning order, is that a person can be banned from:
letting housing in
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