Council may add 50% to fines if landlords fail to answer a letter

The council in one of the UK’s most famous cities is asking for views on plans to clamp down on landlords. 

Bath & North East Somerset council is proposing to toughen its enforcement policies when – in its words – “tenants face serious hazards, illegal eviction, repeated non-compliance or licensing failures.”

The policy is being updated after new duties and powers were introduced through the Renters Rights Act.

For example, for some electrical safety misdemeanours the council wants the so-called ‘starting penalty’ to begin at £12,000.

And for failure to comply with HMO fire standards, the starting penalty is £20,000.

The policy then wants to increase fines further if there are what it calls “aggravating factors”.

An extra 50% could be added to the penalty if factors such as these are discovered:

• previous non-compliance, including a financial penalty, prosecution, simple caution or warning letter;

• the breach or offence having continued for more than six months;

• alleged non-cooperation with the council, including “failing to provide a substantive response to a letter alleging an offence”;

• alleged deliberate or reckless breaches, such as knowing an offence was occurring;

• HHSRS Category 1 hazards present at the property; or

• actual harm caused to the tenant or occupant.

A council spokesperson says: “Good housing is vital to safer communities, better health and a fairer private rented sector. Everyone deserves a safe home. 

“Most landlords in Bath and North East Somerset act responsibly and provide good quality accommodation, and this policy will support them with clear guidance.

“The Renters Rights Act gives councils an important new role in protecting tenants and raising standards across the private rented sector. 

“This updated policy explains how we will use those powers locally, ensuring enforcement is fair, transparent and proportionate.

“The consultation is open to everyone, but we particularly want to hear from landlords, tenants, letting agents and residents before the policy is finalised to ensure it works for you.”

You can see the proposed policy in full here: https://www.bathnes.gov.uk/housing-services-enforcement-and-financial-penalty-policy-consultation

This article is taken from Landlord Today