Landlord Redress Scheme

The Bill Says "The Secretary of State may make regulations requiring a residential landlord to be a member of a landlord redress scheme".

In the event such scheme comes into effect Landlords will be required to register otherwise fined upto £5000

If when the schemes come into being

The landlord may not offer the property for let unless a member of such a scheme

Be fined upto £5000 and should the behaviour continue after 28 days another fine of upto £5000 can be imposed

(3) More than one penalty may be imposed in respect of the same conduct only if—
(a) the conduct continues after the end of 28 days beginning with the day 25 after that on which the final notice in respect of the previous penalty for the conduct was given to the person, unless the person appeals against that notice within that period etc etc below

The Scheme Member - shall incur a fee.

Such schemes provide “voluntary mediation services” now it maybe the Eviction Protocol evolves to include “voluntary mediation services” otherwise court proccedings cannot progress. [such is intimated in the bill] and is of concern for open to abuse

Point 28 Decision under a landlord redress scheme may be made enforceable as if it were a court order
It appears such a scheme must be combined with the Landlord Property Portal for Section 32 The Database of the Legislation states (b) entries in respect of dwellings which are, or are intended to be, let under residential tenancies, etc etc
Note the property portal and Landlord Redress Scheme could become one database so also read Property Portal You MUST have a property ID

Allocation of unique identifiers as defined in 41

(1) The database operator [in respect of property portal] must allocate an identifier (referred to in this Chapter as a “unique identifier”) to each person in respect of whom, and dwelling in respect of which, an entry is made in the database under this Chapter.

HMRC - benefit - In a nutshell there shall be a centralised database of all Landlords and a database of every property they own must be disclosed on a property database, each property shall have a unique identifier otherwise may not be let. This is covered by Section 41 Allocation of unique identifiers (1) The database operator must allocate an identifier (referred to in this Chapter as a “unique identifier”) to each person in respect of whom, and dwelling in respect of which, an entry is made in the database under this Chapter. Unless the Landlord and property are registered the property may not be offered for Let.
Any false missleading representations on the database(s) may result in a £5,000 - £30,000 fine and banning orders

IN the PROPERTY DATABASE WE WARN THE HMRC WOULD HAVE ACCESS TO ALL THIS INFo

(2)    The database operator must give access to information in the database to the
   following—     25
(a)    lead enforcement authorities,
(b)    local housing authorities,
(c)    local weights and measures authorities in England,
(d)    mayoral combined authorities, as defined by section 107A(8) of the Local Democracy, Economic Development and Construction Act 2009, 30 and
(e)    the Greater London Authority.
(3)    If the Secretary of State is not the database operator, the database operator must give access to information in the database to the Secretary of State.

Landlord redress schemes

(1) The Secretary of State may make regulations requiring a residential landlord to be a member of a landlord redress scheme.

(2) A “landlord redress scheme” means a scheme—

(a) which provides for a complaint made by or on behalf of a prospective, current 30 or former residential tenant against a member of the scheme to be independently investigated and determined by an independent individual, and

(b) which is—

(i) approved by the Secretary of State for the purposes of regulations 35 under subsection (1), or

(ii) administered by or on behalf of the Secretary of State and designated by the Secretary of State for those purposes.

(3) In subsection (2)(a) “prospective residential tenant” means a person who—

(a) offers to become a residential tenant of a dwelling that is marketed for the purpose of creating a residential tenancy, or

(b) with a view to deciding whether to become a residential tenant of a dwelling that is marketed for that purpose—

(i) requests information about the dwelling from a person 5 marketing it, or

(ii) visits or requests to visit such a dwelling by arrangement with a person marketing it.

(4) Regulations under subsection (1) may—

(a) require a person to be a member of a landlord redress scheme before 10 a dwelling is marketed for the purpose of creating a residential tenancy under which that person will be a residential landlord;

(b) prohibit a person from marketing a dwelling for the purpose of creating a residential tenancy unless the person who will be a residential landlord if the tenancy is granted is a member of a landlord 15 redress scheme;

(c) require a person to remain a member of the scheme after ceasing to be a residential landlord, for a period specified in the regulations.

(5) Before making regulations under subsection (1), the Secretary of State must be satisfied that all persons who are to be required to be a member of a 20 landlord redress scheme will be eligible to join such a scheme before being so required (subject to any provision in the scheme about expulsion, as to which see section 25(2)(k)).

(6) Nothing in this Chapter prevents a landlord redress scheme from providing

(subject to regulations under section 25)— 25

(a) for membership to be open to persons who wish to join as voluntary members;

(b) for the investigation or determination of any complaints under a voluntary jurisdiction;

(d) for the exclusion from investigation and determination under the scheme of any complaint in such cases or circumstances as may be specified in or determined under the scheme.

(7) In subsection (6)—

“complaints under a voluntary jurisdiction” means complaints in relation 35 to which there is no duty to be a member of a landlord redress scheme, where the members against whom the complaints are made have voluntarily accepted the jurisdiction of the scheme over those complaints;

“voluntary mediation services” means mediation, conciliation or similar 40 processes provided at the request of a member in relation to complaints made—

(a) against the member, or

(b) by the member against another person;

“voluntary members” means members who are not subject to a duty to be a member of a landlord redress scheme.

25 Approval and designation of landlord redress schemes

(1) This section applies where the Secretary of State makes regulations under

section 24(1). 5

(2) The Secretary of State must by regulations set out conditions which are to be satisfied before a scheme is approved or designated under section 24(2)(b), which must include conditions requiring the scheme to include provision in accordance with the regulations—

(a) for the administrator to appoint an individual, having obtained the 10 Secretary of State’s approval of the individual and the terms of the appointment, who is to be responsible for overseeing and monitoring the investigation and determination of complaints under the scheme,

(b) about the complaints that may be made under the scheme, which must include provision enabling the making of complaints about 15 non-compliance with any codes of practice for residential landlords that are issued or approved by the Secretary of State,

(c) about the time to be allowed for scheme members to resolve matters before a complaint is accepted under the scheme in relation to those

matters, 20

(d) about the circumstances in which a complaint may be rejected,

(e) about co-operation (which may include the joint exercise of functions) of an individual who is investigating or determining a complaint with persons who have functions under other redress schemes and with

local housing authorities, 25

(f) about the provision of information to the persons mentioned in paragraph (e) and the Secretary of State,

(g) if members are required to pay fees in respect of compulsory aspects of the scheme, about the level of those fees,

(h) if there are voluntary aspects of the scheme— 30

(i) for fees to be payable in respect of those aspects of the scheme, and

(ii) for the fees to be set at a level that, taking one year with another, is sufficient to meet the costs incurred in the

administration of those aspects of the scheme; 35

(i) for the individual determining a complaint to be able to require members to provide redress of the following types to the complainant—

(i) providing an apology or explanation,

(ii) paying compensation, and 40

(iii) taking such other actions in the interests of the complainant as the individual determining the complaint may specify,

(j) about the enforcement of the scheme and decisions made under the scheme,

(k) for a person to be expelled from the scheme only— (i) in circumstances specified in the regulations,

(ii) once steps to secure compliance that are specified in the regulations have been taken, and

(iii) once the decision to expel the person has been reviewed by an 5 independent person in accordance with the regulations,

(l) for an expulsion to be revoked in circumstances specified in the regulations,

(m) prohibiting a person from joining the scheme when the person has been expelled from another landlord redress scheme and the expulsion 10 has not been revoked,

(n) for circumstances in which the administration of the scheme is to be transferred to a different administrator, and

(o) about the closure of the scheme by the administrator.

(3) Conditions set out in regulations under subsection (2) may include conditions 15 requiring the administrator or proposed administrator of a scheme to undertake to do things on an ongoing basis following approval or designation.

(4) Conditions set out in regulations under subsection (2)(n) may require an approved scheme to provide for the administration of that scheme to be transferred to the Secretary of State or a person acting on behalf of the 20 Secretary of State in circumstances specified in the regulations.

(5) Where conditions set out in regulations under subsection (2)(n) require an approved scheme to include the provision mentioned in subsection (4), the regulations may provide for a scheme whose administration is transferred as mentioned in that subsection to be treated as a designated scheme instead of 25 an approved one.

(6) The Secretary of State may by regulations make further provision about the approval or designation of landlord redress schemes under section 24(2)(b), including provision—

(a) about the number of redress schemes that may be approved or 30 designated (which may be one or more);

(b) about the making of applications for approval;

(d) about the withdrawal of approval or revocation of designation;

(e) authorising the approval or designation of a scheme which provides for fees 35 payable by a compulsory member to be calculated by reference to the total of the costs incurred, or to be incurred, in the administration of the compulsory aspects of the scheme (including costs unconnected with the member in question).

(7) Regulations under this section may confer a discretion on the Secretary of 40 State or require a scheme to do so.

(8) In this section—

“compulsory aspects”, in relation to a scheme, means aspects of the scheme relating to complaints in relation to which there is a duty to be a member of a landlord redress scheme;

“compulsory member”, in relation to a scheme, means a member of the scheme who is subject to a duty to be a member of a landlord redress 5 scheme;

“voluntary aspects”, in relation to a scheme, means aspects of the scheme that relate to—

(a) complaints under a voluntary jurisdiction,

(b) voluntary mediation services, or 10