My Lords, I suspect that this will be another very brief discussion. Schedule 9 amends the Housing Act 2004 to provide that any financial penalty should be an alternative to prosecuting a rogue landlord
for an offence. The Explanatory Notes give no justification for this change, and, given what we know about some of the appalling conditions that rogue landlords create or tolerate, I see no reason why they should be immune from a criminal prosecution.
It is perfectly legitimate that a financial penalty should be imposed, but it is a matter of good sense to ensure that totally unacceptable behaviour is treated as a crime, in the hope of deterring others from committing the same offence and behaving disgracefully towards their tenants, rather than their simply being able to pay a financial penalty without any publicity. The deterrent effect of prosecution ought to be invoked.
Indeed, even leaving aside deterrence, conduct of the kind that we regularly read about is simply appalling, and society’s rejection of such an approach by landlords should be made clear by retaining the possibility of prosecuting them. In the absence of any explanation of why the change should be made, I hope that the House will express a view and the Government will reconsider this strange provision. I beg to move.