Removal from the register

A landlord can be removed from the register if it is decided that s/he is no longer a fit and proper person to let property. [1] The local authority can review its decision to register a landlord as fit and proper if it becomes aware that s/he has failed to inform the local authority of a relevant change in circumstances, and/or provided false or dishonest information to the local authority. [2]

If a landlord is removed from the register, the local authority must send a notice to all the properties let by that landlord. [3] The notification sent to any tenants or occupants must include information about their housing rights. [4] For more information, please see the section on the effect of the registration scheme on tenants.

The landlord will normally be expected to take action to end the tenancy or occupancy agreement as soon as possible within the law as s/he will be guility of an offence if the property continues to be let out. For more information on how a landlord can legally end a tenancy, please see the section on security of tenure.

A landlord can appeal to the tribunal if s/he is dissatisfied with the local authority's decision to remove her/him from the register. [5]

If a landlord continues to let property after s/he has been removed from the local authority register then s/he will be guilty of an offence. [6] The maximum penalty for acting as an unregistered landlord is £50,000 (from 31 August 2011) [7] and the court can also impose a ban on the landlord being registered as a landlord in any local authority area for a period of up to five years. [8]

S/he may also be served with a rent penalty notice. [9] Service of such a notice means that no rent or other charges are payable under any lease or occupancy agreement applying to the landlord's property. [10] This effectively means that the tenant or occupier is not obliged to pay rent until the notice is lifted or revoked. If the tenant claims housing benefit, this will be withheld.

Tenants should be aware that it is possible for their landlord to appeal the service of a rent penalty notice. [11] If such an appeal is successful the tenant will be obliged to pay all sums that would have been payable had the notice not been served. [12] They should be advised to put rent money aside so they will be able to cope with this eventuality and avoid falling into arrears. For more information, please see the section on the effect of the registration scheme on tenants.

Anyone who is either a tenant or a prospective tenant and, therefore, affected by the private landlord registration scheme [13] can now approach the local authority which must provide 'general advice', [14] The regulations, which came into force on 12 February 2009, do not stipulate what is meant by 'general advice' but tenants who are affected by deregistration could perhaps ask for advice under these provisions.