Private Rented Sector Enforcement - Joined Up Approach Yvonne Gavan Scottish Government Duncan Thomson Glasgow City Council
Scottish Government: Strategy for the Private Rented Sector 2013 A Place to stay, A Place to Call Home Set out a clear vision - a sector that provides good quality homes and high management standards. Around 700,000 people in Scotland reside in private rented sector - twice the number of 10 years ago. Around 260,000 private landlords registered in Scotland
Landlord Registration I want to see a sector that is characterised by more good quality homes, being managed more professionally, where tenants feel more secure. Where there are poor standards, local authorities should be taking tough, targeted enforcement to ensure every landlord is fit to let homes to private tenants Kevin Stewart MSP, Minister for Local Government and Housing Local authorities have the ability to control and regulate who can operate legitimately as a private landlord.
Legislative Changes Range of new legislation to help improve standards/strengthen powers: Third party reporting powers Enhanced enforcement area regulations Introduction of new First Tier Tribunal Housing and Property chamber Landlord registration-increased requirements for the fit and proper person test/increased penalty of up to 50k
Future Changes/Action New Private Residential Tenancy December 2017 Landlord Registration Consultation End 2017 Letting Agent Regulation January 2018 Establishment of a multi-agency working group, developing guidance to support practitioners working on PRS enforcement and prosecution activity early 2018
Glasgow Context PRS accounts for 20% of housing stock Around 3,600 Licensed HMOs Landlord Registration Over 40,000 landlords currently registered Over 55,000 properties currently registered Delivered through integrated housing service
Standard Approach to Enforcement Unlicensed HMO s new owner is given the opportunity to apply for a licence. Suspension of Rent Orders /refer to the Procurator Fiscal Unregistered private rented properties landlords encouraged to register/ refer to Procurator Fiscal Late Application Fees/Rent Penalty Notices Over 250 cases have been referred to the Procurator Fiscal Material considerations described under Section 85 of the 2004 Act Further information would be sought in support of an application where there were reasonable grounds to do so.
Enforcement Process Establish robust enforcement procedures Applications referred to the Licensing and Regulatory Committee for consideration. Application of powers available. Improve Information -Data matching is undertaken with Housing Benefits and Council tax records etc Sharing of information / Work closely with Partnering organisations who share a similar interest eg Police Scotland/Trading standards/other local authorities
Drawbacks to Prosecution Appeals against committee decisions Time consuming and costly for local authorities. Multiple visits to properties to obtain witness statements, particularly for HMO offences significant barrier Tenants (particularly students) often move address in the course of proceedings Visual identification of landlord Interpreters may be required Online precognition is problematic and often results in errors at point of submission
Considerations Time lag between reporting a case to the Procurator Fiscal and a court date being set Threat to the safety of officers / tenants Number of cases actually taken forward by PF Service Penalties awarded on conviction are low for HMO and Landlord Registration offences. Shortcomings in legislation Data Protection Reputational damage to LA
Actions from a Glasgow Perspective Engage with landlords/letting agents where complaints are received put policies in place Look at alternative actions Sequestration/Proceeds of Crime Property condition and management standards Enforcement of repairs Compulsory purchase Property closure Third Party referrals Making use of additional discretionary powers under EEA Targeted acquisitions Publicise convictions/committee decisions
From a Glasgow Perspective What Needs to Change in relation to Prosecutions Prescribed information required at the point of application needs to be strengthened. This can be done through amending regulations Increase Landlord Registration fees to support landlords/support enforcement Enforcement and Prosecutions Guidance Working Group Ability to use certain documentary evidence of private letting rather than witnesses. Local authorities been notified by the courts of previous offences Greater importance must be attached to private letting offences Appeals / prosecutions to be heard in First Tier Tribunal of Housing and Property Chamber Introduce minimum fines Alternatives to fines / disqualification orders? National approach to information sharing with Police Scotland
Future vision for PRS? Provide support for private landlords Look at improving communication/providing checklists /Landlord forums etc More discretionary powers in relation to fire safety/ review of existing powers Establishing social lettings agency model in to improve property condition and management standards Introduce licensing scheme for all private rented properties