RLA : RPI : Byers promotes limited licensing

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other artilces from the December 2001 / January 2002 issue

Byers promotes limited licensing - December 2001 / January 2002

Private landlords across England will be obliged to obtain licences if new Government proposals become law.

The measures would apply to landlords of all types of residential property in 'areas of low demand'. These, claims the Department for Transport, Local Government and the Regions, often attract 'unscrupulous, even criminal, landlords and anti-social tenants.

'These rogue landlords are intent on destroying societies, forcing out law-abiding tenants and owner-occupiers in areas where economic change and greater mobility have led to the collapse of the housing market', said Secretary of State Stephen Byers when launching his consultative paper, Selective licensing of private landlords.

Its central proposal is that the Government should be given discretionary powers to authorise local authorities to require all private landlords in all or part of their area to be licensed. These powers would 'be available alongside' mandatory licensing of higher risk categories of houses in multiple occupation the subject of an earlier consultation paper and a requirement to which the Government says it remains 'committed'.

In those 'low demand' areas in which licensing applies, landlords would be required to meet two basic requirements: to show that they are 'fit and proper per sons' and also to agree to minimum management standards. Licences would probably be for five years, after which renewal would be required.

Fit and proper person requirements would include scrutiny of county court judgements and unspent criminal records although 'a single conviction would not automatically result in refusal'. Management standards would include obtaining necessary safety certificates and ensuring tenants are aware of their rights and obligations.

'Licensing must also ensure that landlords address any complaints from neighbours and other residents'.

Unlicensed landlords operating in low demand areas would be prevented from taking on new tenants while housing benefit could be withheld and local authorities given the power to impose their own management of properties 'as a last resort'.

The paper rules out any move to requiring all private rented sector landlords to be licensed. This it says 'would be a major intervention in the market, which could carry unacceptable risks to supply in high demand areas'. However, there is support for the idea of landlord accreditation schemes, such as that just launched by the Residential Landlords Association (see previous page) which the paper says may 'be a useful way of recognising and supporting responsible landlords, who may be offering higher standards than required by licensing'.

The Home Energy Conservation Bill, containing HMO licensing provisions that would require registration schemes 'containing controls over energy efficiency, housing, fire safety and amenity standards', has obtained its second reading in the House of Commons. A private member's bill, if it is to succeed it must still pass through its committee stage and third reading before going to the Lords.

other artilces from the December 2001 / January 2002 issue

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