Rogue landlords who knowingly rent out unsafe accommodation are set to be penalised by the Isle of Wight Council.
Proposing a new civil penalty policy, the council would have the authority to fine wrongdoing parties up to £30,000.
With the Island having a rented sector nearly 17,000 households strong, the authority said it is aiming to support good landlords, avoiding unnecessary regulation and red tape but cracking down on those who knowingly rent out substandard accommodation.
A civil penalty can be issued as an alternative to prosecution when offences are committed under the Housing Act 2004, but the same criminal standard of proof is required.
The penalty could be used where there are failures to comply with improvement notices, offences in relation to licensing in houses of multiple occupation, and contravening an overcrowding notice.
Reviewing 4 recent cases the Isle of Wight Council’s housing enforcement team had recently dealt with — including 1 landlord who had not fixed 9 hazards in a home lived in by a family with 3 children — officers determined, reasonable civil penalties would have been around £10,000.
The money made from civil penalties, the council said, would likely create a sizeable income for housing enforcement purposes, with the potential to add more resources to regulate housing standards. The council would choose how to prosecute those involved — either enforcing a civil penalty or through the magistrates’ court — on a case-by-case basis.
Furthermore, the council will look at multiple factors including the severity of issues, the track record of the offender and whether there is an ability for them to continue the business.
The council’s cabinet will decide whether or not to approve and adopt the civil penalties policy at its meeting later on today. The meeting was meant to be held on Thursday 14th October but due to a positive COVID case among cabinet members, it was postponed.
Don’t forget of course the two biggest factors here.
A: finding staff bothered to do their jobs anyway.
and
B: the old boys club and whether the rogue landlord is in the right boys club.
yes there are a lot of un complying landlords about where people are living in disgusting homes
The tennant is free to find another home, or shock horror, use contraception and get a job, and save to find better rental homes or save even more and buy their own as other people who don’t expect the world ‘owes’ them and their off spring a roof and a living have to do.
The only slight fly in the ointment as regards this policy is concerned is that for the ‘income’ from these penalties will have to be paid by said ‘Rogue Landlords’ first!
If they can’t be bothered to adhere to current legal requirements for the standards for accommodation, do you REALLY think they will happily pay and penalty charges??!
I wonder if this will include councilors who are landlords, or have a one rule one rule policy?
It would only be fair to then allow landlords to ‘sue’ the tennants for mis use, non payment of rent and other fees, and other damage that so many do now
But of course, being kept by the state aka ‘us’ the tax payers, these people will ‘plead poverty’ and use their often numerous ‘shields’ their offspring to avoid paying out anything to anyone, as the hands are akin to ‘taking’ not paying their way in life, more often than not.
I know 2 landlords, one with a single property and the other has three. Both have experienced non-paying tenants on the Island and both have had properties trashed to varying degrees. Both were advised by solicitors that it was pointless chasing the tenants for damages once they were evicted as they were unlikely to see any reimbursement. These are a small flat and standard 2 and 3 bedroom houses so they generally attract lower income families or individuals. I have no argument with fines for rogue landlords but bad tenants need dealing with too or the rental market will simply disappear as landlords pull out.
I too had a property, lovely bungalow, fully compliant with regulations etc. When the tenants moved out there was untold damage, big holes in the walls, carpets ruined with stains, a bathroom ceiling light had been filled with expanding foam for some inexplicable reason – the whole thing was charred and burnt (would have caused a fire eventually) the front door handle broken off, the toilet seat broken, kitchen floor covering ripped, the list went on and on – did I get anything done out of the deposit – no they got the whole lot back thanks to well known island letting agency. No protection for landlords !