9 June 2016

King West

Housing and Planning Act 2016

Housing and Planning Act 2016


The Housing and Planning Act 2016 received Royal Assent on the 12th May this year. Various parts of the Act will come into effect through Commencement Orders, which will happen over time. It is a wide-ranging Act with over 200 sections including a number of schedules dealing with let residential property.


There are four main aspects of the Act referring to residential lettings in England. These are: various sanctions attempting to flush out 'rogue' landlords and lettings agents, new provisions to recover abandoned property once a tenant has departed, new regulations for electrical safety standards and powers to make new regulations requiring property agents to be approved clients of money protection schemes.


Tackling 'rogue' Landlords


A provision of Banning Orders has been introduced to prevent landlords and letting agents convicted of certain offences from any involvement in let residential property, with a database that the local authorities can reference.


Banning Orders will prevent a person from letting housing in England, engaging in English letting agency work, engaging in English property management work, or holding an HMO licence.


The Secretary of State will be required to establish a database of rogue landlords, with the responsibility of it's maintenance laying with the local housing authorities.


The first tier tribunal will have powers under Section 40 to make Rent Repayment Orders requiring a landlord to repay rent to a tenant if the landlord has committed a specified offence, namely: violence for securing entry, unfair eviction or harassment of occupiers, failure to comply with an improvement notice or prohibition order, control or management of an unlicenced HMO or unlicenced house or if the property was let in breach of a Banning Order.


Recovering Abandoned Property


The Act creates new powers for landlords to recover possession of property in England where the property had been let but has been abandoned by the tenant if rent is unpaid and there have been warning notices served. Section 60 specifies that notices are to be served on the tenant or any named occupier or deposit payer in person, or by set procedural means.


Electrical Safety Standards


The power to make Regulations, which impose duties on private landlords, by the Secretary of State under Section 122, is reserved to ensure that electrical safety standards are met when premises are occupied under a tenancy.


Money Protection Schemes


The power has been given to the Secretary of State to make further regulations that require a property agent to be a member of a Government approved or Government administered client money protection scheme.


Local Authorities are allowed access to information held by the Tenancy Deposit Scheme providers in order to carry out certain statutory functions, including transparency regarding any offences committed under this Act.


For advice or support on the Housing and Planning Act 2016, in the first instance, contact Ian Lindsay by email at

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