2018 No. 258

Housing, England

The Housing and Planning Act 2016 (Database of Rogue Landlords and Property Agents) Regulations 2018

Made27th February 2018

Laid before Parliament1st March 2018

Coming into force6th April 2018

The Secretary of State, in exercise of the powers conferred by section 33 of the Housing and Planning Act 20161, makes the following Regulations.

Citation and commencement1.

(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.

Interpretation2.

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 housing2 owned, let or managed by a person for the purposes of–

(a)

letting housing in England;

(b)

engaging in English letting agency work3, or

(c)

engaging in English property management work4.

Information to be included in the database3.

(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.

Table

Item	Information to be included in the database
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
7.	Length of ban and date for removal from the database.
8.	Description of each banning order offence5.
9.	Description of each banned activity.

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
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 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)

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.