Prosecutions And Convictions: Landlords

Justice written question – answered on 13th September 2010.

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Photo of Graham Jones Graham Jones Labour, Hyndburn

To ask the Secretary of State for Justice

(1) how many (a) prosecutions and (b) convictions there were of landlords for failing to maintain their property under the Housing Health and Safety Rating System in respect of (i) excess cold and dampness, (ii) leaking roofs, (iii) dangerous or unstable structures, (iv) of dangerous electrical installations, (v) general disrepair issues, (vi) overcrowding and (vi) fire hazards in the latest period for which figures are available;

(2) how many (a) prosecutions and (b) convictions of landlords in each local authority area for an offence of (i) tenant harassment and (ii) illegal eviction under the Protection from Eviction Act 1977 there were in each year since 2004;

(3) how many (a) prosecutions and (b) convictions of landlords in each local authority area for failing to arrange an annual gas safety check or issuing a copy certificate under the Gas Safety (Installation and Use) Regulations 1998 there were in each year since 2004;

(4) how many (a) prosecutions and (b) convictions of landlords in each local authority area for failing to keep in repair and proper working order the installations in the dwelling house for the supply of water, gas and electricity have taken place under the Landlord and Tenant Act 1985 in each year since 2004;

(5) how many (a) prosecutions and (b) convictions there were of landlords in each local authority area for failure to comply with an enforcement notice under Part 1 of the Housing Act 2004 in each year since its introduction;

(6) how many (a) prosecutions and (b) convictions of landlords there were in each local authority area for failing to obtain a house in multiple occupation licence under the 2004 Housing Act 2004 in each year since its introduction;

(7) how many (a) prosecutions and (b) convictions there were of landlords in each local authority area for an offence of failing to protect tenants' deposits in an approved scheme under the 2004 Housing Act in each year since its introduction.

Photo of Crispin Blunt Crispin Blunt Parliamentary Under-Secretary (Ministry of Justice) (Prisons and Probation)

The number of defendants proceeded against at magistrates courts and found guilty at all courts for the unlawful eviction of an occupier and the unlawful harassment of an occupier under the Protection from Eviction Act 1977 in England and Wales from 2004 to 2008 (latest available) is given in the following tables. Figures are provided by police force area as the Ministry of Justice court proceedings database does not hold details of offences by authority area. Data for 2009 are planned for publication on 21 October 2010.

Court proceedings data held centrally in an aggregated format do not separately identify individual offences under the Landlord and Tenant Act 1985. Similarly it is not possible to separately identify specified offences under the Housing Health and Safety Rating System, and the Housing Act 2004.

Information under the Gas Safety (Installation and Use) Regulations 1998 is not collated centrally by the Ministry of Justice.

Number of defendants proceeded against at magistrates courts and found guilty at all courts for selected offences under the Protection from Eviction Act 1977, England and Wales, by force( 1) , 2004 to 2008( 2,3,4)
Unlawful eviction of occupier Proceeded against Found guilty
Force 2004 2005 2006 2007 2008 2004 2005 2006 2007 2008
Avon and Somerset 1 1 4 1 2 1 1 2 1 -
Bedfordshire 4 - - - - 1 3 - - -
Cheshire - - 1 - 1 - - 1 - -
Cleveland - - - - 1 - - - - 1
Derbyshire - - - 1 - - - - 1 -
Essex - - - - 2 - - - - -
Hampshire 1 - - - - 1 - - - -
Hertfordshire - 4 2 - - - 4 - 2 -
Humberside 2 - - 2 - 2 - - 1 -
Kent - - 3 1 - - - 1 - -
Leicestershire 3 1 1 - - 1 - - - -
Lincolnshire - 1 - - - - - - - -
Metropolitan Police 8 5 9 8 1 4 3 4 2 2
Northamptonshire - - 1 - 1 - - 1 - 1
Nottinghamshire - - 1 - - - - - - -
South Yorkshire - 2 3 2 1 - - 4 2 -
Staffordshire 1 - 1 - - - - - - -
Suffolk - - - - - - - - 1 -
Surrey 1 2 - 1 - 1 1 - 1 -
Sussex 1 - 1 - 1 - - - - -
Thames Valley 1 - 3 1 - - - 1 - -
Warwickshire - - 1 - - - - - - -
West Mercia 1 - - - 1 - - - - -
West Midlands 5 3 8 6 1 2 1 4 1 1
West Yorkshire 1 1 3 1 - 1 1 3 1 -
Wiltshire - - - 1 - - - - 1 -
Dyfed-Powys - 1 - 1 - - - - - -
Gwent 2 1 - - - 2 1 - - -
North Wales 4 3 1 - 2 1 - - - 1
South Wales - - 1 - - - - - - -
England and Wales 36 25 44 26 14 17 15 21 14 6
Unlawful harassment of occupier Proceeded against Found guilty
Force 2004 2005 2006 2007 2008 2004 2005 2006 2007 2008
Avon and Somerset 2 1 4 - 6 - - 2 - 3
Cambridgeshire - - - 1 - - - - 1 -
Cleveland - - 3 - - - - 1 2 -
Devon and Cornwall 1 - - 1 - 1 - - - -
Essex - 1 - - - - - - - -
Greater Manchester - - 1 - - - - 1 - -
Hampshire - 1 - - - - - - - -
Humberside - - - - 1 - - - - 1
Lancashire - - - - 2 - - - - -
Metropolitan Police 3 8 7 1 2 1 2 - 1 1
Northumbria - - 1 - - - - - - -
Nottinghamshire - - - - - - - - - 2
South Yorkshire 2 1 - 1 - - 1 - - -
Suffolk 1 - - - - 1 - - - -
Thames Valley 3 - 1 - - 2 - - 1 -
West Midlands - - 1 1 2 - - - - 1
West Yorkshire - 3 - 2 - 1 1 - 1 -
South Wales - 1 - 1 - - 1 - 1 -
England and Wales 12 16 18 8 13 6 5 4 7 8
'-' = nil

(1) Where a police force area is not listed in the above table, assume nil data.

(2) Excludes convictions for Cardiff magistrates court for April, July and August 2008.

(3) The statistics relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences the principal offence is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.

(4) Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.

Source:

Justice Statistics Analytical Services-Ministry of Justice

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