The research, funded by the UKRI Economic and Social Research Council and published by the University of York, in collaboration with the Universities of Northumbria and Sheffield and Safer Renting, a renter advocacy service, highlights that civil penalties are quicker and have high fines, but criminal prosecutions, which are required to secure banning orders to force criminal landlords out of the market, are too slow, under-resourced and often result in minimal penalties.
Councils described repeat landlord offenders involved in hazardous housing, harassment or eviction offences, but that they were almost impossible to remove permanently from the sector under current law.
The research findings point to the fact that there have been times when the police have inadvertently assisted unlawful evictions due to unclear procedures and lack of collaboration and oversight. It also shows that those at the lowest end of the private rented sector have become “fertile ground” for abuse, with some tenants living in dangerous homes or being coerced into criminal activity.
Safer Renting, whose clients contributed to the project, said some tenants were trapped in situations where challenging their landlord could leave them destitute.
Dr Xavier L’Hoiry said: “Our report shows distinct patterns of exploitation. We have slum landlords who rent out unsafe or overcrowded accommodation; scam landlords that often illegally convert properties into multiple occupancy or use fake tenancy agreements; and criminal letting agents, who may facilitate illegal activities such as cannabis farms.
“At the more extreme end we have organised crime groups in the rental market that includes human trafficking, benefit fraud and modern slavery. We have criminal connections across the sector that are far more widespread than we expected.”
The researchers are urging councils to adopt more proactive strategies, including using Banning Orders and Interim Management Orders to remove the worst offenders from the market.
Among the recommendations are:
- a review of the Protection from Eviction Act to strengthen safeguards for vulnerable tenants
- simpler pathways for councils to prosecute offenders
- improved support for victims, including easier access to Rent Repayment Orders
- mandatory inspection of any property before a tenant is placed there by local authorities
While new legislation such as the Renters Rights Act is expected to improve standards, researchers say it will have limited impact without adequate funding for enforcement teams. Future policy must focus on protecting the most vulnerable renters, who find it impossible to escape from the shadow private rented sector and access legitimate properties.
David Scully, Deputy Head of Safer Renting: “This report details the psychological, physical and financial scars carried by renters who have experienced shocking levels of abuse at the hands of their landlords and agents. It exposes a shadow private rented sector where people behave as if they expect never to face accountability for their actions and, as the report illustrates, this is a reasonable assumption for them to make.
“Now is the time for the whole sector to work together to puncture this atmosphere of impunity and exploitation. Tenants who report abuse should be supported effectively by professionals and the perpetrators of abuse must be held accountable using the full range of powers available.”