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Rogue landlord database

This content applies to England

The rogue landlord database records landlords and agents that are subject to a banning order or have committed a banning order offence.

The Database of Rogue Landlords and Property Agents is effective from 6 April 2018.[1] Only local authorities can make entries to the database.

Mandatory duty to make an entry

A local authority must make an entry when it has obtained a banning order against a landlord or agent.[2]

Discretionary power to make an entry

An authority can make an entry when a landlord or agent is not subject to a banning order but has at a time when s/he was a landlord or agent committed:[3]

In deciding whether to use this power, local authorities must have regard to Government guidance on the database. The guidance stresses that the more comprehensive the database is the more useful it will be.[4] However, the guidance suggests that an authority should consider:[5]

  • the severity of the offence
  • any mitigating factors, such as a landlord or agent's personal issues
  • culpability of the landlord or agent and previous offences
  • deterrence of the landlord or agent and others

Before an authority can make an entry under its discretionary powers it must give the landlord or agent at least 21 days’ notice stating it has decided to place her/him on the database. The notice must be given within 6 months of the conviction or receipt of the second civil penalty.[6]

Information included on database

The following information must be recorded where a landlord or agent is placed on the database:[7]

  • full name and address of landlord or agent (registered address if it is a company)
  • addresses of all properties owned, let, or managed by the landlord or agent as part of her/his business
  • national insurance number and date of birth if the landlord or agent is an individual
  • length of the ban
  • date for removal from the database
  • description of each banning order offence
  • description of each banned activity (when applicable)
  • local authority making the entry.

A local authority must take reasonable steps to keep the information up-to-date.[8]

Length of time on database

A landlord or agent will remain on the database for:[9]

  • the period a banning order is in effect, or
  • at least two years where the entry was made under the authority’s discretionary powers.

Where a local authority is using its discretionary powers to place a landlord or agent on the register, it will have to decide how long the entry should last for. The statutory guidance suggests considering similar factors to those involved in deciding whether to make the entry.[10]

Early removals from database

A local authority must remove an entry if it was made on the basis of one or more convictions for a banning order offence, all of which have been overturned on appeal.[11]

A local authority may also remove an entry or reduce the period it is on the database, if:[12]

  • one or more convictions for a banning order offence, but not all, have been overturned on appeal
  • one or more convictions for a banning order offence are spent
  • at least a year has elapsed since an entry was made because the landlord/agent received two or more civil penalties in a 12-month period.

Appeals

A landlord or agent has no right to appeal against an entry made after a local authority has obtained a banning order.

A landlord or agent has a right to appeal against a local authority's notice of its decision to make an entry on the database under its discretionary powers. The appeal must be made to the First-tier Tribunal (Property Chamber) before the end of the period in the local authority’s notice, using Form RL01 if the entry has not yet been made, or Form RL02 to appeal against a refusal of a request to remove an entry already on the database or to reduce its period. 

An out of time appeal can be considered if there is a good reason for the late appeal. An entry must not be made until the appeal is decided or withdrawn.[13]

Access to database

Only local housing authorities have access to the database.[14]

The database is not open to tenants or the general public.

Use of information on database

A local authority can only use the information on the database in connection with:[15]

  • its functions under the Housing Act 2004 (for example, in relation to the Housing Health and Safety Rating System or the licensing of HMOs)
  • criminal investigations or proceedings relating to a banning order offence
  • investigations or proceedings relating to housing or landlord and tenant law
  • promoting compliance with housing or landlord and tenant law by a person on the database
  • statistical or research purposes.

Local authorities are advised to check the database when deciding if accommodation for a homeless applicant with a private landlord is suitable.[16]

London rogue landlord checker

The Mayor of London and the London Assembly have set up a Rogue landlord and agent checker that can be accessed by the general public.

It contains information about landlords and agents who have been:

  • prosecuted or fined by London boroughs for housing-related offences
  • prosecuted by the London Fire Brigade for fire safety offences
  • expelled by one of the agency redress schemes.

[1] Housing and Planning Act 2016 (Database of Rogue Landlords and Property Agents) Regulations 2018 SI 2018/258.

[2] s.29 Housing and Planning Act 2016.

[3] s.30 Housing and Planning Act 2016.

[4] para 3, Database of rogue landlords and property agents under the Housing and Planning Act 2016: statutory guidance for Local Housing Authorities, MHCLG, April 2018.

[5] para 3.3, Database of rogue landlords and property agents under the Housing and Planning Act 2016: statutory guidance for Local Housing Authorities, MHCLG, April 2018.

[6] s.31 Housing and Planning Act 2016.

[7] reg 3 Housing and Planning Act 2016 (Database of Rogue Landlords and Property Agents) Regulations 2018 SI 2018/258.

[8] s.34 Housing and Planning Act 2016.

[9] para 3.4, Database of rogue landlords and property agents under the Housing and Planning Act 2016: statutory guidance for Local Housing Authorities, MHCLG, April 2018.

[10] ss.29(2) and 31(2) Housing and Planning Act 2016.

[11] s.36(2) Housing and Planning Act 2016.

[12] s.36(3)-(6) Housing and Planning Act 2016.

[13] s.32 Housing and Planning Act 2016.

[14] s.38 Housing and Planning Act 2016.

[15] s.39 Housing and Planning Act 2016.

[16] para 17.21 Homelessness Code of Guidance, MHCLG, Feb 2018.

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