The landlord who is on a database of rogue landlords has not necessarily been banned but may have had a civil penalty. So it is up to the local authority, when coming to a judgment about an HMO licence and in the light of the information that it has, whether that landlord will be banned from holding one. It may decide on balance that he or she will be, because they are such a rogue, or they may have had one civil penalty and it might therefore grant him or her a licence.
Clause 31 agreed.
Clauses 32 to 36 agreed.
Clause 37: Access to database
Amendments 10 and 11 not moved.
Clause 37 agreed.
Clause 38: Use of information in database
Amendments 12 to 15 not moved.
Moved by Baroness Williams of Trafford
16: Page 18, line 21, at end insert—
“(5) For the purposes of paragraph 17 of Schedule 23 to the Finance Act 2011 (which relates to HMRC data-gathering powers), the database is to be treated as being maintained by the Secretary of State.”
Amendment 16 agreed.
Clause 38, as amended, agreed.
Clauses 39 to 51 agreed.
Moved by Lord Kennedy of Southwark
17: After Clause 51, insert the following new Clause—
“Extension of the Housing Ombudsman to cover the private rented sector
(1) The Secretary of State shall by regulations introduce a scheme to extend the Housing Ombudsman Scheme, as set out in section 51 of and Schedule 2 to the Housing Act 1996, to cover disputes between tenants and private landlords relating to properties within the area covered by the Greater London Authority.
(2) The scheme under subsection (1) shall—
(a) come into effect within 6 months of the passing of this Act; and
(b) last at least one year and no longer than two years.
(3) The Secretary of State shall, within three months of the closing date of the scheme, lay before each House of Parliament a report on the scheme under subsection (1), alongside any statement he thinks appropriate about the extension of the Housing Ombudsman Scheme to the private rented sector.
(4) The Secretary of State may by regulations extend the powers of the Housing Ombudsman Scheme as set out in section 51 of and Schedule 2 to the Housing Act 1996, to cover disputes between tenants and private landlords throughout England.”