Key Facts

• Amendments 170-172 aim to ensure landlords comply with deposit protection rules both at service of notice and at hearing.
• The Bill allows landlords to protect deposits or return them up to the court hearing date under current proposals.
• Clause 19 protects tenants from non-compliant landlords while allowing good-faith landlords time to rectify issues.
• Amendment 173 would add subsections (c) and (d) to the definition of a residential landlord.
• The amendment aims to cover agreements under the Mobile Homes Act 1983 and any licence of a dwelling.
• The government first announced intentions for improving landlord redress schemes in late 2017.
• The commitment to extend mandatory membership to all private landlords was made through primary legislation in 2019.
• Matthew Pennycook proposes amendment 173 to extend the definition of residential landlord to include park home operators, providers of purpose-built student accommodation, and property guardian companies.
• Research by Sheffield Hallam University found poor conditions in property guardianship accommodations.
• Amendment 174 proposes changing 'may' to 'must'.
• The amendment would apply to residential landlords as defined in clause 23.
• Amendment 196 aims to include disputes regarding tenancy deposits under the scope of complaints made to the ombudsman scheme.
• Amendment 24 aims to ensure the private rented sector is brought within an ombudsman's remit.
• The Government committed four years ago to extend mandatory membership of a redress scheme through primary legislation.
• Clause 25 permits regulations that can provide for multiple redress schemes rather than specifying a single ombudsman as precedent would dictate.
• Amendment 196 seeks to include deposits within the scope of oversight by the ombudsperson, allowing tenants an appeal process when dissatisfied with deposit scheme decisions.
• Amendment 165 would increase the maximum financial penalty for breaches of clause 24 requirements from £5,000 to £30,000.
• Amendment 166 proposes raising the alternative to prosecution fine from £30,000 to £60,000.
• The proposed penalties aim to deter unscrupulous landlords who wish to evade mandatory redress scheme membership.
• The proposed fines range from £5,000 to £30,000.
• Local housing authorities can pursue prosecution through the court for repeat breaches.
• New clause 19 would allow rent repayment orders against landlords who fail to join the ombudsman scheme.
• Rent repayment orders were introduced by the Housing Act 2004 and expanded in 2016.
• The maximum period for rent repayment orders can be extended from 12 months to 24 months under certain circumstances.
• In London, more properties have been subject to rent repayment orders than civil penalties or criminal convictions relating to licensing since 2020.
• Clause 29 allows the Secretary of State to issue or approve guidance on effective working between local councils and the ombudsman.
• The guidance aims to provide clarity on communication and co-operation scenarios where both parties can help resolve tenant complaints.
• Richard Blakeway, housing ombudsman, highlighted the risk of duplication and lack of clarity for residents about which route to take.
• Matthew Pennycook's amendment 175 aims to add details of eviction notices to the private rented sector database.
• The amendment seeks to ensure public availability of key information on landlords' history for tenant decision-making and accountability.
• The Government plans to use regulations to prescribe information collected by the property portal.
• Pennycook hopes the portal will give tenants real power through transparency about landlord conduct.
• The Minister has indicated a willingness to consider including a history of possession notices granted to landlords.
• Amendment 176 aims to ensure landlords provide various documents and information to a database operator.
• The amendment covers items like address, contact details, rental properties, compliance with 'How To Rent' booklet, rent charges, enforcement actions, banning orders, safety certificates, and licensing requirements.
• Minister Jacob Young agrees the portal should include necessary information but suggests specifying it in regulations rather than the Bill.
• The database will be funded through fees charged to private landlords.
• The new system aims to reduce local authority burdens significantly.
• Local authorities' time spent locating landlords and properties for enforcement is expected to decrease.
• Amendment 167 would increase the maximum financial penalty local authorities can impose on landlords for breach of registration requirements from £5,000 to £30,000.
• Amendment 168 would increase the maximum financial penalty from £30,000 to £60,000 for offences under clause 48.
• The Local Government Association supports these amendments.
• Amendment 71 provides for financial penalties in relation to discriminatory practices.
• New clause 8 prohibits discrimination relating to children.
• New clause 9 prohibits discrimination relating to benefits status.
• Clause 52 provides local authorities with powers to impose financial penalties for non-compliance with private rented sector database requirements.
• Proposed new chapter 2A includes clauses to prohibit discriminatory practices in granting tenancies, applicable to England and Wales through proposed chapter 2B.
• Successive YouGov surveys show that a significant number of landlords prefer not to rent to benefit claimants or those with children.
• Matthew Pennycook is from Greenwich and Woolwich constituency.
• The Government's amendments aim to remove discriminatory terms in contracts but are seen as insufficient by Pennycook.
• Pennycook threatens to return with further legislation if current practices continue.
• Local authorities have never had a duty to enforce prohibitions of landlord legislation before.
• Financial penalties under the Bill are capped at £5,000 and £30,000 respectively.
• The White Paper committed to conducting a new burdens assessment on reform proposals.
• Clause 58 places a duty on every local housing authority in England to enforce new measures.
• Government amendments extend enforcement powers to county councils in two-tier areas.
• New clause 23 mandates data supply from local authorities to the Secretary of State for evaluating reforms.
• Amendments 86, 87, 88, 89, 90, 92, and 93 involve changing references from 'local housing' to 'relevant local'.
• Amendment 91 defines 'relevant local authority' to include a county council in England which is not a local housing authority.
• Amendments 94 and 95 deal with investigatory powers of lead enforcement authorities and define 'relevant local authority' for Clause 62.