openDemocracy has uncovered a severe shortage of enforcement against rogue landlords in England due to the financial constraints faced by local councils. A mere 16 landlords across the entire country currently face banning orders, leaving tenants vulnerable to criminal activities often perpetrated by these unscrupulous property owners.
Sources within the enforcement agencies have disclosed that instances of criminal behaviour by landlords are an everyday occurrence, but limited resources hinder the council’s ability to take legal action. This exposé shines a light on the alarming gap between the number of offenses that warrant banning orders – including unlawful eviction and harassment – and the dismal count of actual orders enforced.
The Freedom of Information request made to the Department for Levelling Up, Housing and Communities (DLUHC) unveiled that just 16 live banning orders are currently in place across England. Intriguingly, London’s Camden Council has issued the most orders, totalling seven, while others like Welwyn Hatfield Borough Council have handed out two. A meagre count of seven additional councils has managed to issue one banning order each, namely Cornwall County Unity Authority, Telford & Wrekin, Wirral Borough Council, Cambridge City Council, Leeds City Council, Bristol City Council, and Bournemouth Borough Council.
In sharp contrast to these disappointing figures, London itself boasts a database of more than 250 rogue landlords, though excluding Camden, none of the remaining 32 councils have implemented any banning orders. This discrepancy has raised concerns about the efficacy of the current system and the vulnerability of tenants.
An anonymous local authority enforcement officer stressed the gravity of the situation, revealing that cases of harassment or illegal eviction are a weekly, if not daily, occurrence. The lack of resources often forces them to deal with these cases without appropriate legal backing, putting tenants at a disadvantage.
“With banning orders, we’ve got quite a lot of powers but we haven’t got a lot of resources,” the officer stated. “It is so easy for especially vulnerable tenants to get treated badly by landlords. Some of it is ignorance and some of it’s deliberate – there’s no getting away from it.”
The enforcement officer also disclosed instances where banned landlords continued to rent out properties without consequences, even if they faced penalties. The system’s shortcomings are exacerbated by inadequate fines for breaching banning orders.
Housing lawyer Giles Peaker emphasized that the number of live banning orders is significantly lower than the actual number of offenses due to the time-consuming and costly nature of prosecutions. Cuts to local authority budgets and a shortage of housing enforcement officers have hampered the efforts to crack down on rogue landlords.
The government’s proposed Renters (Reform) Bill, introduced in June, is intended to empower authorities against criminal landlords by establishing a national landlord database and mandating property registration. However, critics point out that the bill lacks provisions for increased funding to support local councils in enforcing these new powers.
Ben Twomey, Chief Executive of tenant advocacy group Generation Rent, called for more proactive measures from councils in tackling criminal landlords. “No one wants criminal landlords renting out homes, but who is really stopping them?” Twomey questioned, highlighting the stark disparity between the shocking lack of banning orders and the appalling conditions renters have endured.
Twomey urged the government to expedite the Renters (Reform) Bill’s return to Parliament, emphasizing the need for a Property Portal and an Ombudsman to prevent criminal landlords from evading scrutiny. The urgent call for action underscores the pressing need to safeguard tenants’ rights and improve the effectiveness of enforcement mechanisms across the nation.