Penalty Policy in relation to relevant Letting Agency Legislation

Housing law or landlord and tenant related

Offences under:

• The Public Health Acts of 1936 and 1961
• The Building Act 1984
• The Environmental Protection Act 1990
• The Town and Country Planning Act 1990
• The Prevention of Damage by Pests Act 1949
• The Protection from Eviction Act 1977
• The Local Government (Miscellaneous Provisions) Acts of 1982 and 1976
• The Housing Grants, Construction and Regeneration Act 1996
• The Local Government and Housing Act 1989
• The Housing Act 2004
• The Consumer Protection from Unfair Trading Regulations 2008

Offences Involving Fraud

Offences in which the victim has been deprived of money, property or other benefit by misrepresentation/deception on the part of the offender including:

• theft
• burglary
• fraud
• benefit fraud (particularly where tenants are in receipt of Housing Benefit)
• conspiracy to defraud
• obtaining money or property by deception
• people trafficking
• being struck off as a company director

Offences Involving Violence

A conviction for the offence of:

• murder
• manslaughter
• arson
• malicious wounding or grievous bodily harm
• grievous bodily harm with intent
• actual bodily harm
• grievous bodily harm
• robbery
• criminal damage where the intent was to intimidate or was racially aggravated
• common assault
• common assault which is racially aggravated
• assault occasioning actual bodily harm
• possession of an offensive weapon
• possession of a firearm

Offences Involving Drugs

Consideration should be given to the nature of the offence and what bearing it could have on the Landlord or Agent's business activities. The nature, quantity, purity and class of drugs should be taken into account.  In addition, where an offence of possession with intent to supply is involved regard should be had to the role and importance of the subject in the supply chain.

Sexual Offences

An offence contained in Schedule 3 of the Sexual Offences Act 2003.

Unlawful discrimination

Unlawful discrimination can include findings of an Industrial Tribunal on unlawful employment practice such as discrimination under the Disability Discrimination Act. Consideration should be given to the nature of the unlawful discrimination and what bearing it could have on the management of a licensable property.

Other Offences

Modern slavery or human trafficking offences involving the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or a position of vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control of another person, for the purpose of exploitation.