The idea of becoming a landlord is not everyone’s cup of tea, and that’s fine. From missed rent payments, trashed houses, lengthy court procedures where the law may not even be on your side no matter how bad your tenant is; not everyone wants to deal with that.
However now, the idea of becoming a landlord will be further from some people’s minds as the Government plans to get tougher on landlords as stricter standards will be brought in to eliminate unsafe and cold rental housing.
If landlords are letting out older homes that are unsafe and cold for their tenants, landlords could be facing up to six months in prison which will come as a welcome relief to tenants who have previously been too worried to say anything through fear of being issued a Section 21.
Landlords who let out their properties that are below standard; warm, dry and in good safe repair, would potentially be criminally prosecuted in a local magistrates' court where their fate will be decided by the residing judge under the new policy proposal.
In a consultation published on Friday which will last for 6 weeks, from Friday 2 September 2022 to Friday 14 October 2022, ministers have revealed plans for a “legal duty on landlords” to ensure minimum standards are met which ensure their properties are in a “reasonable state of repair” when they let them.
According to Rachel Mortimer writing for The Daily Telegraph, the Government intends to introduce the new minimum standards right across the private rented sector (PRS) in England, which are similar to those already existing in social housing provided by local councils.
The Government is encouraging individuals and organisations, interested parties to respond to the consultation via an online survey.
Landlords who are failing to keep their properties up to minimum standards will face a civil penalty by their local authority or prosecution in a magistrates’ court which could result in a custodial sentence as well as a band from acting as a landlords or property manager.
Currently, landlords who are not providing minimum standards face a civil penalty of £30,000 or handed an unlimited fine but a court and banned from ever leasing property again.
This will come to a relief to millions of people still renting in England.
The Government claims that this will introduce the biggest overhaul of the private rented sector in a generation once the new Decent Homes Standard is brought into force. The current standard is not legally binding in the PRS, though there are strict rules for gas and electrical safety as well as fire safety which can potentially result in a prison sentence for landlords.
Ben Beadle, of the National Residential Landlords Association, told Ms Mortimer of The Daily Telegraph: “All the laws in the world will do nothing without improved enforcement against the minority of landlords who tarnish the reputation of the responsible, law-abiding majority.
“That requires properly resourced councils tackling the criminals and rogues, whilst allowing the responsible majority to easily prove their home is safe and compliant.”
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