LegalizeThe Housing and Planning Act 2016 (Database of Rogue Landlords and Property Agents) Regulations 2018
Made: 27th February 2018
Laid before Parliament: 1st March 2018
Coming into force: 6th April 2018
The Secretary of State, in exercise of the powers conferred by section 33 of the Housing and Planning Act 2016[^f00001], makes the following Regulations.
Citation and commencement
1
- (1) These Regulations may be cited as the Housing and Planning Act 2016 (Database of Rogue Landlords and Property Agents) Regulations 2018.
- (2) These Regulations come into force on 6th April 2018.
Interpretation
2
In these Regulations—
- “the Act” means the Housing and Planning Act 2016;
- “database” means the database established under section 28 of the Act; and
- “relevant housing” means housing[^f00002] owned, let or managed by a person for the purposes of– letting housing in England; engaging in English letting agency work[^f00003], or engaging in English property management work[^f00004].
Information to be included in the database
3
- (1) A person’s entry in the database must include the information described in Part 1 of the table.
- (2) If the entry is made under section 29 of the Act (banning orders made), the database must include—
- (a) the information mentioned in paragraph (1), and
- (b) the information described in Part 2 of the table.
- (3) If the entry is made under section 30(1) of the Act (convictions for banning order offence), the database must include—
- (a) the information mentioned in paragraph (1), and
- (b) the information described in Part 3 of the table.
- (4) If the entry is made under section 30(2) of the Act (financial penalties in respect of banning order offences), the database must include—
- (a) the information mentioned in paragraph (1), and
- (b) the information described in Part 4 of the table.
| Item | Information to be included in the database |
|---|---|
| Part 1 | Part 1 |
| 1. | The person’s address or registered address where the person is a body corporate. |
| 2. | The person’s full name. |
| 3. | Address(es) of relevant housing. |
| 4. | Local housing authority by which the entry is made. |
| 5. | Where the person is an individual the person’s national insurance number (if any). |
| 6. | Where the person is an individual the person’s date of birth |
| Part 2 | Part 2 |
| 7. | Length of ban and date for removal from the database. |
| 8. | Description of each banning order offence[^f00005]. |
| 9. | Description of each banned activity. |
| Part 3 | Part 3 |
| 10. | Period specified in the decision notice given under section 31 of the Act and date for removal from the database. |
| 11. | Description of each banning order offence. |
| Part 4 | Part 4 |
| 12. | Period specified in the decision notice given under section 31 of the Act and date for removal from the database. |
| 13. | Description of each banning order offence. |
Signed
Signed by authority of the Secretary of State for Housing, Communities and Local Government
Heather Wheeler — Parlimentary Under Secretary of State — Ministry of Housing, Communities and Local Government — 27th February 2018
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
Chapter 3 of Part 2 of the Housing and Planning Act 2016 (c. 22) (“the Act”), which applies to England only makes provision for the Secretary of State to establish and operate a database of rogue landlords and property agents. Section 33 of the Act confers power on the Secretary of State to make provision about the information that must be included in a person’s entry in the database.
Regulation 3 describes the information that must be included in an entry in the database.
A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.
Footnotes
[^f00001]: 2016 c. 22.
[^f00002]: See section 56 of the Act for the definition of “housing”.
[^f00003]: See section 54 of the Act for the meaning of “English letting agency work”.
[^f00004]: See section 55 of the Act for the meaning of “English property management work”.
[^f00005]: See S.I. 2018/216 which is made under section 14(3) of the Act for the description of the banning order offences.
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.