THE City of Edinburgh Council is letting rogue and unregistered landlords “off the hook” by not using existing powers to ensure registered and licenced landlords meet standards to be considered “fit and proper”, according to claims.
Living Rent – a tenants’ union campaigning for renters’ rights – and independent councillor Ross Mckenzie have questioned the council’s response to offenders referred to them by the Property Chamber of the First Tier Tribunal (FTT).
In a motion to Edinburgh Council claim that landlords found guilty of blatant offences have not been tried by the council and have instead gone unpunished after the council took no action against them because of underfunding and irregularities in the way cases are reported.
They also claim that people applying for registration as landlords are being waved through by the council without proper checks, and that people entirely unsuitable for renting out property, such as those charged with property offences, are deemed “fit and proper” by the council.
Councillor McKenzie’s motion, which concerned the test for “fit and proper persons” and how cases of landlords contravening property law are reported to the council from the FTT, passed with an amendment from the Liberal Democrat group.
This comes after the first landlord was charged and fined in a series of cases against those operating unlicenced short-term lets in the city.
The landlord had reportedly been operating a flat as a short-term let for months before a neighbour reported persistent loud noises from the property.
Living Rent, however, pointed out that the compensation ordered to be paid to the complainant was only £500, only amounting to approximately a week’s stay in the property, and the fine of £600 will do little to deter landlords from acting illegally.
In the City Chambers this morning, Living Rent outlined a handful of other cases referred to the council where no action had been taken.
In one case, a landlord was fined £3,300 by the FTT – which handles disputes over residential property – for failing to properly protect a tenant’s deposit but was ultimately not punished by the council.
Another extraordinary case was discussed in which a convicted sex offender was allowed to remain a registered landlord for five months despite his conviction being widely reported.
Living Rent claim that this is evidence that the council is taking a lax attitude towards enforcing property laws against landlords.
During their deputation to the City of Edinburgh Council, the delegation from Living Rent said: “People are going to the tribunal and council and getting fobbed off.
“As is stands, tenants do not have faith in the tribunal or the council – the tribunal is a lengthy process and, if tenants move out during the two-year process of a tribunal, the case gets thrown out.”
They added: “Rogue landlords are taking advantage of the housing emergency, and you must act.
“At Living Rent, we are serious about working with you to tackle this issue, but we are also serious about holding you to account.”
The motion was submitted by independent councillor Ross McKenzie, who wants to see the council provide clarity on how cases are referred to them by the housing tribunal and what counts as a “fit and proper person”.
Currently, the council requires that prospective landlords qualify as “fit and proper persons”, which means the landlord cannot have contravened property law in the past and provide evidence of their strong knowledge of private tenancy law.
Despite this, Living Rent have claimed that many are simply being “waved through” the test.
In response to a question about whether greater enforcement will lead to landlords being scared off and leaving the city’s housing sector, Living Rent said: “Edinburgh is bucking the trend – the number of Edinburgh landlords is increasing, so the argument that landlords are being scared off doesn’t stand up.”
The evidence outlined by Living Rent was first disclosed in April, and led to the Housing, Homelessness, and Fair Work Committee requesting a report detailing budgetary options for the allocation of resources to private rented sector enforcement.
The Liberal Democrats proposed an amendment, backed by the Conservative group, to the motion asking that a report be provided on the subject by council officers to the regulatory Committee in two cycles.
Living Rent asserted that this motion is just a beginning, and that they see it as a beginning point for a longer process of greater enforcement and enhanced legislation against landlords.
Councillor McKenzie’s motion would see the council further measures which could be taken to strengthen private rented sector enforcement and see the council go back in to investigate any outstanding decisions made by the FTT.
