Landlord information

A range of new powers under Housing and Planning Act 2016

Changes for landlords, property managers and letting agents. The Housing and Planning Act 2016 has made a number of changes to the licensing and regulation of rented properties in the private rented sector.

Civil penalties (financial penalty)

New laws have been introduced in April 2017 to give councils additional powers to deal with rogue landlords and agents under the Housing and Planning Act 2016. The new powers allow local authorities to issue a financial penalty notice to any landlords or agents who do not comply with the Housing Act 2004. 

For the first time, English local authorities will be able to impose a financial penalty of up to £30,000 for a range of housing offences, including:

• failure to comply with a housing improvement or overcrowding notice

• failure to have the correct licence for a property that needs licensing

• failure to comply with the House in Multiple Occupation (HMO) management regulations.

Previously councils only could prosecute for the above non-compliant activities but with introducing the financial penalty, the council have additional powers to pursue any non-compliance through two routes of either prosecution, or financial penalty.

Rogue landlord databases

Under the Housing and Planning Act 2016, a local housing authority must make an entry on the database where a landlord or property agent has received a banning order. They have the discretion to make entries where a landlord or property agent has been convicted of a banning order offence or has received 2 or more civil penalties within a 12 month period.

The database of rogue landlords and property agents came into force on 6 April 2018.

Visit central government's website for more on the rogue landlord and property agents register.

Greater Local Authority rogue landlord and agent checker

In addition, the Greater Local Authority (GLA) has implemented a rogue landlord and agent checker which is designed for London local authorities to input and share any information of enforcement/legal proceedings on any landlords.  

Additional records of rogue landlords and agents are also recorded via the GLA and further information can be found on the GLA website.

Banning orders

Banning orders for landlords and property agents under the Housing and Planning Act 2016.

The Housing and Planning Act 2016 provides new powers which permit local housing authorities to seek banning orders where landlords or property agents have been convicted of a banning order offence.

For further information please visit the banning orders for landlords site.

Rent Repayment Orders

The Housing and Planning Act 2016 extended rent repayment orders to cover illegal eviction, breach of a banning order and certain other specified offences.

RROs were only previously available in respect of licensable but unlicensed properties and tenants were unable to lodge a claim unless the local authority had first prosecuted the landlord.

RRO applications can be made for a much wider range of offences including:

• illegal eviction or harassment of occupiers

• using violence to secure entry and

• failure to comply with a housing improvement notice or prohibition order.

Right to rent immigration checks

Before renting out a room or a property, private landlords and agents are legally required to check the immigration status of:

• the tenant or lodger
• any other adults who will be living there.

They don't have to check the status of children under 18, or guests who stay in your home but don't pay rent.

The checks only apply to agreements that started on or after 1 February 2016.

To check that the tenant and members of their household have the right to rent and for more information visit the immigration checks page on GOV.UK.

Landlord Accreditation

The London Landlord Accreditation Scheme provides accreditation, training and on-going professional development to landlords and agents. With over 32000 members, LLAS is the biggest and most established scheme of its kind.  LLAS provides a one-day basic training course, covering all aspects of tenancy and property management. LLAS also offers additional training opportunities specialising in particular areas of interest. Landlords and agents receive a Landlord Guide USB following their training.  Training courses take place throughout London including on a regular basis in Tower Hamlets.

Tower Hamlets Private Renters’ Charter

The Tower Hamlets Private Renters' Charter sets out the standards the law demands from all private landlords and agents  in accessible language. The council and every organisation signed up to the charter aims to support mainstream landlords and agents as well as tenants by making sure that every rented room, flat or house in Tower Hamlets meets these standards – and by driving out the criminals who won’t obey the law.

The Private Licence Agreement (PLA) 

Private Licence Agreement (PLA), is whereby, Tower Hamlets Council signs a ‘Head Licence Agreement’ with private Landlords or Managing Agents to use residential properties on an ongoing basis. These properties are then let by the council to homeless families in need of temporary accommodation.

If your property meets our standards and you are accepted on our PLA scheme, the rent will be paid directly by the Council to the Landlord or the Managing Agent. The rent is guaranteed for the period the property is occupied.

The agreement can be terminated with 28 days’ notice from either party

What are the Benefits of the PLA Scheme?

• No management or hidden fees

• No marketing costs

• No introduction/admin fee for renting your property

• Able to claim for malicious damage caused by the tenants (T & Cs apply)

• Guaranteed rent paid directly by the Council

• Constant supply of tenants

• No long term contractual tie-in

• No risk of rent arrears, the council pays you even if the tenants doesn’t pay us

• No risk of housing benefit claw back

• Free Council backed legal action if any repossession action is required (T & Cs apply)

• Free tenancy support service and contract sign-up

• Minimal void periods

What rent will I receive for my property?

The rent your property attracts depends on the location and size of your property. Generally speaking, properties within Tower Hamlets and central London command higher rents compared to properties around the outer parts of London and surrounding areas.

Useful links

Fire, Gas and Electrical Safety

• Lacors fire safety guidance

• London Fire Brigade for Landlords and Tenants guidance

• Fire safety risk assessment – sleeping accommodation

• Fire Safety in HMOs advice website

• TH Fire safety

• Find a Gas Safe Engineer

• Electrical safety

• Good practice heating and gas guide

Property Licensing Conditions

• Mandatory Conditions (Selective)

• Amenity Standards and room sizes

Application Form Help

• Find out what type of licence you need

• Map of the current schemes.

• FAQs for overseas landlords

• Reduction of licence years.

• Fees and Refunds

• Land Registry

• Companies House

• Fit and proper test

Property Licensing Enforcement

• Temporary exemption

• Revoke/variation of a Licence

• Exemptions to Selective Licensing and HMO Licensing

• Right to Rent

Legislation

• Housing Act 2004

• The Management of Houses in Multiple Occupation (England) Regulations 2006

• Houses in Multiple Occupation and residential property licensing reform Guidance for Local Housing Authorities

• The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018

• HMO residential property licensing guidance

• The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006

• The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007

• Housing and Planning Act 2016

• Landlord and Tenant Act

General Information

• Shelter advice on Private Renting

• Glossary of terms

• Pest control issues

• Private renting

• Houses in Multiple Occupation and residential property licensing reform Guidance for Local Housing Authorities

• GOV UK rent repayment

• London Landlord Accreditation Scheme

• Renters Rights London

• Redress Schemes

• Landlord accreditation scheme

• Renters Charter

• Damp and mould flyer

• Right to Rent

• Tower Hamlets Planning and Building Control