Propertymark has responded to two council counsultations on proposed licensing and enforcement schemes, saying it backs robust action against genuinely negligent agents – but insisting enforcement must concentrate on improving compliance rather than collecting fines.
A statement from the agents body says: “Our responses reflect our wider position on landlord licensing: local measures should be based on clear evidence, applied consistently and avoid placing unnecessary burdens on responsible landlords and agents.
“Both consultations demonstrate the growing importance of local authority enforcement as the private rented sector adapts to wider reform.
“Clear communication, early engagement and practical compliance support will help responsible landlords and agents meet their obligations, while allowing councils to focus resources on serious and persistent non-compliance. We have offered to support both councils through landlord forums, local events and discussions with Propertymark members.”
In the case of Bath and North East Somerset, Propertymark says it’sconcerned about high proposed starting penalties, including those for electrical safety, HMO fire safety, amenity standards, and failures to provide documents.
“A failure to provide paperwork promptly should not automatically be treated in the same way as a failure that has put tenants at risk” it says, asking the authority for numerous amendments.
It also questions proposed automatic percentage uplifts for aggravating factors, and for landlord type or financial circumstances.
“A larger portfolio should not, by itself, mean that an otherwise identical breach attracts a higher penalty. Equally, a missed Council letter should not automatically be treated as deliberate non-cooperation” it states.
Meanwhile in responding to the Gosport consultation, Propertymark says council documentation on its proposals contain substantial legal and technical detail, making them difficult to follow.
“We recommend that plain-English summaries, checklists, and worked examples should be provided for tenants, landlords, and agents” it says.
And it believes the policies should also reflect the updated Housing Health and Safety Rating System, which came into force in June 2026.
Propertymark concludes: “As with Bath and North East Somerset, we urge Gosport to distinguish clearly between serious or persistent breaches and lower-level administrative errors.
“Financial penalties should take account of harm, risk, culpability and the steps taken to put matters right. Enforcement should not become disproportionate when several sanctions apply to the same person or business.
“We also highlighted the importance of explaining the tenant journey in practical terms. Tenants should be able to understand when to contact the Council, what evidence they may need and what help or action they can expect.”
