A local authority has said that civil penalties are not enough to deal with
so-called “rogue” landlords, as it issues its first landlord banning order.
Bradford Council says financial
penalties “are not always effective in preventing further breaches” and has
confirmed that the banning order relates to a landlord it considers a serial
offender, with a long history of convictions.
Penalty
Notices Are Difficult and Time-Consuming to Recover
According to a report produced by
Bradford Council’s Regeneration and Environment Scrutiny Committee, more than £2 million in civil penalties
have been issued to landlords who breached housing standards.
However, the council says that only £400,000 of this amount has actually
been recovered. It argues that this shows financial penalties alone are not an
effective enforcement tool.
The report states that civil penalty
notices are often difficult and slow to collect. Many cases are delayed for
long periods due to appeals, and some debts are eventually written off. Of the
total penalties issued, £90,000 has
already been written off.
The report says:
“Civil penalty notices (CPN) are difficult and time-consuming to recover, with
cases in abeyance due to appeals for some time and can also result in
written-off debt.
“Whilst they provide an alternative
to prosecution, they are not seen as always being effective in preventing
further breaches, and so prosecution may be a more effective tool in some
cases.”
Bradford Council has now chosen to
pursue a banning order against a landlord who owns a large portfolio of houses
in multiple occupation (HMOs).
The council says this landlord has
already received £40,000 in civil financial penalties, and that
further prosecution action is now being prepared.
Landlords
Respond Positively to Proactive Inspections
The report also claims that
landlords and agents have generally responded positively to proactive property
inspections carried out by the council.
According to the report, landlords
and agents are usually informed in advance about why inspections are taking
place and what is expected of them.
The council states that there is
usually little objection to inspections and that co-operation is more common
than resistance. Officers say that explaining the reasons for inspections helps
ensure relationships between landlords, agents, and tenants are not damaged.
The report also notes that officers
are not aware of any cases where proactive inspections have led to threats of
retaliatory eviction.
AngelMoves
Compliance Insight
AngelMoves focuses on property
compliance education, helping landlords and letting agents understand how
enforcement is changing and where risk is now escalating.
This case highlights a critical shift. Councils are
increasingly viewing civil penalties as only one step in enforcement, not the
end point. Where issues continue, authorities
are now more willing to escalate matters toward prosecution and banning orders.
AngelMoves helps landlords
understand how to stay compliant before issues reach that stage, by identifying
risk areas early, ensuring documentation and property standards are correct,
and preparing landlords for inspections and regulatory scrutiny. In the current
climate, repeated or poorly handled compliance issues can move quickly from
fines to permanent exclusion from the sector.
As enforcement strategies evolve,
education, preparation, and consistent compliance are the strongest protection
landlords have.
SOURCE: https://www.property118.com/council-claims-landlord-civil-penalties-are-not-effective/