PRS database

For more information, please contact:

Sara Mondon Solicitor 0113 733 7052 Email Sara

Chapter 3 of the Bill advises that the Secretary of State will establish a compulsory database of private landlords (and prospective landlords) and privately rented properties. Each entry will be given its own unique identifier on completion of the registration process.

The landlord entry will include details of any convictions, financial penalties or banning orders made against that landlord. This is intended to operate as a nationwide landlord register and it is expected that the information held on the database will be used in the future as the basis for a Privately Rented Property Portal Service.

The details to be registered will include;

  • details of the persons involved in the ownership or management of the property,
  • details of the property standards, and
  • gas safety certificates and electrical installation condition reports.

Key features

  • The categories of what details are to be registered are liable to change due to technological or legislative changes in the future and registrations will be capable of being amended or corrected.
  • It is an offence for a landlord to knowingly or recklessly provide false or misleading information which, in a material respect, falsely indicates compliance with requirements imposed by regulations made this Chapter. There is also a requirement to enable registration to be made via a non-digital process for those parties who do not wish to register online.
  • Operation of the database may, if regulations are made, allow operation of the database to be outsourced to other parties such as the local authority or a lead enforcement authority. The body in charge of the database may conduct activities related to the verification or correction of entries, or support for users of the database.
  • A residential property cannot be advertised for letting unless both the landlord and property are on the database. There is an allowance for additional details regarding an entry to be completed within 28 days of an entry being made onto the register, to allow a property to be marketed whilst the paperwork is still in the process of being completed.
  • There is a fee payable for an entry to be made onto the database for both the landlord and the property. The fee will cover the full costs associated with the operation of the database.
  • There is a requirement for the entry to be kept up to date, if a landlord fails to keep their entry up to date they will be issued with a warning to update it within the next 28 days, if they fail to do so the entry will be made inactive. If the landlord then wishes the entry to be made live again, they will have to pay a late fee as well as a re-registration fee.
  • There is provision for an incorrect entry to be amended as well as a process whereby entries will be verified and removed if they do not meet the requirements of entry onto the database. Any entry that has been dormant for five years will be removed from the database.
  • The Secretary of State may make regulations governing access to the database by members of the public, this is likely to be limited, certain information held on the database must not be disclosed to the public and there are penalties if this requirement is breached. Regulations will specify what information is to remain confidential.
  • Certain specified public bodies will also have a right of access to information held on the database, principally for enforcement/regulatory purposes. The requirements contained in this Chapter will be enforced by the relevant local authority. There will be a civil penalty for non-compliance, of up to £5,000 plus a criminal penalty for continuing or subsequent breaches plus there is an additional civil penalty of up to £30,000 that may be imposed.

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