Private Landlords (Registration) Bill (HC Bill 152)
A
BILL
TO
Require all private landlords in England to be registered; and for connected
purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
1 Registration of private landlords
(1) The Housing Act 2004 is amended as follows.
(2) After section 79 (licensing of houses to which this Part applies) insert—
“79A Duty to maintain register in relation to rental properties
(1)
5The Secretary of State may by regulations require a local housing
authority in England to establish and maintain a register for its area
containing information relating to—
(a)
the landlord of a dwelling in a house to which this Part applies,
and
(b)
10persons licensed to carry out lettings work and property
management work on behalf of such a landlord.
(2) Regulations under this section may include provision relating to—
(a)
the type of information held in a register maintained by virtue
of subsection (1), and
(b) 15public access to information held on such a register.
79B Registration by a local housing authority
(1)
An application for registration is to be made to the local housing
authority for the area in which the dwelling to which the application
relates is located; and the authority must register the landlord within
20the prescribed period if the application—
(a) is made in the form required by the authority,
(b)
includes such information about the applicant being properly
registered for tax purposes as is prescribed,
Private Landlords (Registration) BillPage 2
(c) includes such other information as is prescribed,
(d) includes such other information as the authority requires, and
(e) is accompanied by the fee fixed by the authority.
(2)
If the landlord is registered, the local housing authority must notify the
5landlord—
(a) that the landlord is registered, and
(b) of the registration number assigned to the landlord.
(3)
On the first occasion a landlord is registered, a local housing authority
must assign a registration number to the landlord.
(4)
10A local housing authority may charge the landlord a further fee fixed
by the authority for continued registration—
(a)
after the fifth anniversary of the date the landlord was
registered, and
(b)
after every fifth anniversary of the date a further fee fixed by the
15authority was charged.
79C Duty to update registration information
(1)
A landlord who is registered under section 79B in relation to a dwelling
must notify the local housing authority in writing of the following
changes—
(a) 20any change in the name under which the landlord is registered;
(b)
the appointment of a person to carry out lettings work or
property management work on behalf of the landlord in respect
of the rental property;
(c)
that a person who the landlord has previously appointed to
25carry out lettings work or property management work on
behalf of the landlord in respect of the rental property has
ceased to do so;
(d) any assignment of the landlord‘s interest in the dwelling;
(e) any prescribed changes.
(2)
30A landlord must comply with the duty in subsection (1) within 28 days
beginning with the first day on which the landlord knew, or should
have known, of the change.
(3)
A person who contravenes subsection (1) commits an offence and is
liable on summary conviction to a fine.
(4)
35In proceedings against a person for an offence committed under
subsection (3) it is a defence that the person had a reasonable excuse for
failing to comply.
79D Revocation of registration
(1)
A local housing authority may revoke the registration of any landlord
40who—
(a)
provides false or misleading information in an application
under section 79B or in notifying a change under section 79C;
(b) contravenes section 79C;
(c) fails to pay any further fee charged under section 79B.
Private Landlords (Registration) BillPage 3
(2)
Before revoking a landlord’s registration, a local housing authority
must—
(a)
notify the landlord of its intention to revoke the registration and
the reasons for this, and
(b)
5consider any representations made by the landlord before the
end of the period of 21 days beginning with the date the
landlord was notified.
(3)
After revoking a landlord’s registration, a local housing authority must
notify the landlord of—
(a) 10the revocation and the reasons for doing so;
(b) the landlord’s right of appeal.
(4)
A person whose registration is revoked may appeal against the
decision to a tribunal.
(5) An appeal—
(a)
15must be made before the end of the period of 28 days beginning
with the date on which the person was notified of the decision
(the “appeal period”);
(b)
may be determined having regard to matters of which the local
housing authority was unaware.
(6)
20The tribunal may allow an appeal to be made to it after the end of the
appeal period if it is satisfied that there is a good reason for the failure
to appeal before the end of that period (and for any delay in applying
for permission to appeal out of time).
(7)
The tribunal may confirm the decision of the local housing authority or
25direct the authority to register the landlord.
(8)
Revocation of a landlord’s registration takes effect on the day
whichever of the following first occurs—
(a)
where the landlord does not appeal against the decision to
revoke the registration within the appeal period, the expiry of
30that period;
(b)
where the landlord appeals within the appeal period but later
withdraws the appeal, the date of the withdrawal;
(c)
where the landlord appeals within the appeal period and the
tribunal confirms the decision of the local housing authority,
35subject to paragraph (d), the date of the tribunal‘s decision;
(d)
where the landlord makes a further appeal, the date on which
all means of appealing against the decision have been
exhausted and the local housing authority’s decision is upheld.
(9)
Where a landlord’s registration is revoked, the local housing authority
40must—
(a)
notify any person recorded on the register as having been
appointed by the landlord to carry out lettings work or property
management work on behalf of the landlord, and
(b)
notify the tenants or occupiers of rental properties registered
45under the landlord’s name.
79E Sections 79A to 79D: further provision
(1) The Secretary of State may by regulations—
Private Landlords (Registration) BillPage 4
(a)
specify the maximum fees which may be charged (whether by
specifying amounts or methods for calculating amounts);
(b)
specify cases in which no fees are to be charged or fees are to be
refunded.
(2)
5When fixing fees under this section, the local housing authority may
(subject to any regulations made under subsection (1)) take into
account all costs incurred by them in carrying out their functions under
sections 79B to 79D.
(3)
In sections 79A and 79B, “prescribed” means prescribed by regulations
10made by the Secretary of State.”
2 Mandatory licensing under Part 3 of the Housing Act 2004
(1)
Section 79 of the Housing Act 2004 (licensing of houses to which this Part
applies) is amended as follows.
(2) For subsection (1) substitute—
“(1)
15This Part provides for houses to be licensed by local housing authorities
where they are houses to which this Part applies (see subsection (2)).”
(3) For subsection (2) substitute—
“(2) This Part applies to a house if the whole of it—
(a)
is occupied under a single tenancy or licence that is not an
20exempt tenancy or licence under subsection (3) or (4), or
(b)
is occupied under two or more tenancies or licences in respect
of different dwellings contained in it, none of which is an
exempt tenancy or licence under subsection (3) or (4), or
(c)
is an empty dwelling which, immediately prior to becoming an
25empty dwelling, was a house to which this Part would apply by
virtue of paragraphs (a) or (b).”
(4) After subsection (5) insert—
“(6)
For the purposes of this section, a house is an “empty dwelling” on any
day if for a continuous period of three months ending on that day—
(a) 30it has been unoccupied, and
(b) it is not being offered for sale.”
3 Repeal of selective licensing arrangements
Sections 80 to 84 of the Housing Act 2004 (designation of selective licensing
areas) are repealed.
4 35Information sharing
After section 98 of the Housing Act 2004 (Other consequences of operating
unlicensed houses: restriction on terminating tenancies), insert—
“98A Information sharing
(1)
For the purpose of carrying out its functions under this Part and under
40Part 4, a local housing authority may share such information as it
considers appropriate with—
Private Landlords (Registration) BillPage 5
(a) another local housing authority,
(b) a billing authority in England,
(c) a police force,
(d)
the Secretary of State in exercising immigration and nationality
5functions,
(e) Her Majesty’s Commissioners of Revenue and Customs.
(2) In this section—
-
“a billing authority in England” has the meaning given by section
1(2) of the Local Government Finance Act 1992 (Council tax in
10respect of dwellings); -
“immigration and nationality functions” means any functions
specified in section 40(1) and (4) of the UK Borders Act 2007
(supply of Customs and Revenue information); -
“police force” has the meaning given by section 101 of the Police
15Act 1996 (interpretation).”
5 Duty to inform landlords of mandatory registration and licensing
Local housing authorities in England must, before the coming into force of
sections 1, 2, 3 and 6 of this Act, make such arrangements as are necessary to—
(a)
identify landlords in their area that would be required to be registered
20by virtue of this Act, and
(b)
inform such landlords of the changes to landlord registration and
licensing by virtue of this Act, including (where known) the timeline
for such changes.
6 Consequential amendments and revocations
(1)
25In the title of Part 3 of the Housing Act 2004 (selective licensing of other
residential accommodation), for “selective” substitute “mandatory”.
(2)
In section 85(2) of the Housing Act 2004 (requirement for Part 3 houses to be
licensed), for “79(2)(b)” substitute “79(2)”.
(3)
The Selective Licensing of Houses (Specified Exemptions) (England) Order
302006 is revoked.
(4)
The Selective Licensing of Houses (Additional Conditions) (England) Order
2015 is revoked.
7 Power to make consequential provisions
(1)
The Secretary of State may by regulations made by statutory instrument make
35such provision as the Secretary of State considers appropriate in consequence
of this Act.
(2) Regulations under this section may—
(a) make different provision for different purposes;
(b)
make incidental, consequential or supplemental provision (including
40provision amending provision made by or under an Act, whenever
passed or made);
(c) make transitional or transitory provision or savings.
Private Landlords (Registration) BillPage 6
(3)
A statutory instrument containing regulations under this section may not be
made unless a draft of the instrument has been laid before and approved by a
resolution of each House of Parliament.
8 Extent, commencement and short title
(1) 5This Act extends to England and Wales.
(2)
Section 5 and 7 and this section come into force on the day on which this Act is
passed.
(3)
The remaining sections of this Act come into force on such day as the Secretary
of State may by regulations made by statutory instrument appoint.
(4) 10Different days may be appointed for different purposes.
(5) This Act may be cited as the Private Landlords (Registration) Act 2018.