Is There a Better way to Demolish Rogue Landlords than with Legislation?

There have been calls by some experts for the introduction of a property MOT, to be carried out once a year by landlords. The theory is that this would deter rogue landlords and provide extra peace of mind to tenants.

What Areas would a Property MOT Cover?

A property MOT would include gas and electrical safety checks, and checks for damp problems.

These checks would be in addition to existing checks that landlords must already carry out, which include fire safety checks, checking whether a tenant has the right to rent, providing gas and electricity appliance safety certificates, and a right to rent booklet. Landlords must also ensure a property meets the minimum energy rating efficiency level (E).

Houses in multiple occupation (HMOs) are subject to additional legislation and some local authorities have introduced selective licencing schemes to try and crack down on problems caused by rogue landlords.

Part of the problem with introducing new legislation is that it increases the already significant pressures on landlords when starting and maintaining a tenancy. Surely legislating the issue is punishing the many for the actions of the few?

Rogue Landlords Play the Game

The problem is that rogue landlords still manage to find workarounds. Often, they just ignore their legal requirements and continue letting out unsuitable and/or dangerous properties regardless. After all, if a landlord is earning in excess of £1k a week, and isn’t caught for two or more years, he has made a decent profit, even if he’s subsequently fined £20k. There is a chance that some of his earnings will be confiscated by the courts, but in light of the low number of prosecutions by local authorities, many rogue landlords see it as a business risk worth taking.

So, what’s the answer?

Educating Tenants

There is a school of thought that argues educating tenants about what they have a right to expect would yield better results than legislating against rogue landlords. The problem is that many tenants don’t have a clue about their rights and they don’t know how to complain about bad landlords. Rather than kick up a stink, they sit back and accept rising damp, mould, and other nasty issues. There is advice on government websites, but not everyone has access to the internet. Other people don’t even know that advice is available.

Since the majority of landlords want to provide safe accommodation, the answer is to try and inform tenants of their rights, so they know what to do when it all goes wrong. If tenants are more clued up and less likely to rent a poorly maintained property, rogue landlords will have to up their game.

What are your thoughts? Is there an answer to this seemingly cyclical problem? Let us know in the comments.