The implementation of parts of the Housing and Planning Act 2016 will mean that the Housing Standards team at Derby City Council will shortly have new powers, in the form of banning orders, to tackle rogue landlords and property agents in the city.

The team will be able to use banning orders when landlords fail to carry out work required by the Council to prevent health and safety risks to tenants, or if landlords threaten tenants with violence or try to illegally evict them.

If a landlord or property agent is given a banning order they could be prevented from letting or managing a property for a minimum of 12 months or even longer (there is no upper limit for a maximum ban). Their name will also be included in a national database of rogue landlords and property agents.

Banning orders are designed to drive out the worst offenders and help make sure tenants across Derby and the country are protected from exploitation.

As part of the Council’s commitment to improve standards within the private rented sector, banning orders will protect tenants and target the small minority of poor landlords and property agents. They will also help the Housing Standards Team to take robust and effective action against landlords and property agents who knowingly rent out unsafe and substandard accommodation.

A banning order will mean the standard of accommodation has to be drastically improved by the landlord or property agent, or to force them leave the sector entirely. Those subject to banning orders will also not be able to earn income from renting out housing or engaging in letting agency or property management work for the duration of the order.

Landlords could also find their property being made the subject of a management order, allowing the council to carry out improvement works and rent out the property instead.

Councillor Fareed Hussain, Cabinet Member for Urban Renewal commented:

“Banning orders are just one part of a toolkit that our Housing Standards Team can use to help them take a tough stance against poor landlords. These new powers will help us in our pledge to tackle the city’s worst landlords and improve standards in Derby’s private rented sector.”

Banning orders are part of a range of measures introduced in the Housing and Planning Act 2016 to tackle rogue landlords. Other measures include:

  • a database of rogue landlords and property agents who have been convicted of banning order offences or received two or more civil penalties.
  • extension of Rent Repayment Orders to cover illegal eviction, breach of a banning order or failure to comply with a statutory notice or order.
  • civil penalties of up to £30,000 as an alternative to prosecution for offences under the Housing Act 2004.

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