Propertymark has given broad backing to proposals to toughen up and codify penalties for private rental sector offences.
The Sentencing Council has opened a consultation on a new package of housing related offences sentencing guidelines.
Possible jail sentence and community orders for rogue landlords are under consideration.
The Sentencing Council says it’s been contacted by local councils, the government and lawyers seeking a review of sentences, specifically to address two issues.
The first is “low level, inconsistent and diverging penalties” imposed by magistrates and higher courts.
The second is that some sentences apparently fail to reflect the gravity of offences “especially in regard to unlawful eviction, which could include vulnerable victims permanently losing their homes or belongings.”
The Sentencing Council says that official figures show low volumes of unlawful eviction and unlawful harassment cases.
But a statement from the body says: “Research in the charity sector suggests … a significant number of illegal eviction and harassment activities … not being brought to prosecution through the criminal justice system.”
And it claims that the “high proportion of low level and inconsistent sentences for these types of offences is widely recognised as a contributing factor to the reluctance of local authorities to prosecute.”
Now Propertymark, in a response to the consultation, says it generally supports new sentencing frameworks across unlawful eviction, unlawful harassment, HMO offences, and wider housing standards offences.
It comments: “We welcome the graduated culpability and harm models, which distinguish between serious, deliberate breaches and lower-level or administrative failings.
“For lower culpability cases, particularly where poor practice arises from a lack of knowledge or understanding, we believe there should be an emphasis on education and training alongside fines.
“Serious cases involving deliberate harm, intimidation, or systemic failings should be prioritised with proportionate sanctions.”
The agents’ body adds that previous convictions, repeated offending, and deliberate attempts to increase harm should be taken into account, while positive actions – like cooperation with authorities, and willingness to undertake education – should mitigate lesser offences.
“We also welcome the guidance on financial sanctions, including compensation, confiscation, combined orders, and rent repayment orders.
“Ensuring victims are fairly compensated and that offenders do not gain financially is essential.
“For tenants in receipt of benefits, we recommend considering alternative compensation mechanisms to maintain fairness.“
To support its response to the official consultation, Propertymark surveyed 236 members on their experiences of housing offences.
