This power will enable local housing authorities to receive information from persons such as the landlord’s bank, accountant and client money protection scheme when investigating suspected non-compliance with the "rented accommodation legislation." Such information, which in some cases may be withheld by "relevant persons", such as landlords and letting agents as defined in section 114, may be an important element of an investigation into whether non-compliance has occurred and for setting appropriate penalties. These provisions are similar to those in Part 3 (powers in relation to the production of information) of Schedule 5 (Investigatory Powers) to the Consumer Rights Act 2015.
Example: Imposing a financial penalty on a landlord for unlawful eviction
A local authority is satisfied beyond reasonable doubt that a landlord has unlawfully evicted a tenant and issues the landlord with a civil penalty notice of £25,000. The landlord appeals the amount of the fine to the Tribunal on the basis that he has insufficient funds and asks for the fine to be reduced. The final penalty is suspended while the Tribunal considers the appeal. The local authority uses its power to require information from any person under section 115 to serve a notice on the landlord’s bank, requesting information about the landlord’s rental income and financial position. The information the bank provides demonstrates that the landlord receives market rent for nine other properties. The local authority presents this information to the Tribunal, which is then satisfied that the initial fine amount is reasonable and that the landlord has the means to pay it. The Tribunal confirms the final notice and the local authority is then able to proceed with the original penalty amount of £25,000.
Part 4: Enforcement Chapter 3 – Investigatory Powers Section 115: Power of local housing authority to require information from any person Background