Enforcement authorities

For more information, please contact:

Anna Bennett Partner 020 7880 4348 Email Anna

Part 3 of Chapter 4 deals with enforcement authorities and states that there will be a duty imposed on every Local Housing Authority (‘LHA’) to enforce landlord legislation (i.e. proposed duties and offences under the Bill, the Protection from Eviction Act and Chapter 1 of Part 1 of the Housing Act 1988).

There is a duty on every LHA, that proposes to take any enforcement action for a breach of landlord legislation that has occurred in a different LHA area, to notify that LHA that it intends to enforce against that breach as soon as reasonably practicable.

The LHA is further bound to notify the other LHA if it subsequently chooses not to take the action specified. If the LHA receives notification that another LHA intends to prosecute, then it is relieved of its duty in respect of that property unless it receives further notification that the LHA has decided against it.

Lead Enforcement Agency (“LEA”)

As there will be over 300 LHAs responsible for enforcing the new measures in the Bill, the Secretary of State will be given the power to appoint a LEA to ensure consistency of approach.

Key features

  • The LEA would have the duty to oversee the operation of the landlord provisions for which it is responsible. The LEA would further have a power to share information to the relevant LHAs to consider whether there has been a breach of duty, or offence committed.
  • The LEA will further have the power to issue guidance to the LHAs about the exercise of their functions when enforcing the landlord legislation and LHAs must have regard to that guidance.
  • The LEA remit does not extend to social housing.
  • The LEA will have the power to enforce the provisions for which it is responsible where necessary or expedient to do so. If this is necessary, then the LEA may exercise the same powers as the LHA. It will need to notify the LHA where it proposes to take enforcement in its area and such a notification will relieve the LHA of its duties in respect of that breach unless the LEA when subsequently decides not to enforce the provisions.
  • LHAs will have to report on the exercise of the relevant functions to the LEA in the form and with such details as the LEA requires.

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