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Appealing an Entry on the Database of Rogue Landlords & Letting Agents

The Database of Rogue Landlords and Letting Agents is a tool used by local authorities to maintain records of landlords or agents who fail to meet legal standards. Understanding your rights regarding entries on this database is crucial to protecting your reputation and ability to operate.

No Right of Appeal for Mandatory Entries

If a local authority obtains a banning order against a landlord or letting agent, any resulting entry on the database is mandatory. In such cases, landlords and agents do not have the right to appeal against the database entry.

Right of Appeal for Discretionary Entries

However, landlords and agents do have the right to appeal if a local authority decides to make an entry on the database under its discretionary powers. This includes situations where a banning order is not in place. Appeals must be made to the First-tier Tribunal (Property Chamber) before the deadline specified in the local authority’s notice, using the APAD1 Form.

If you miss this deadline, you may request permission to appeal out of time, provided you have a valid reason for the delay. An appeal will be considered if the Tribunal determines there is good cause for the late filing. Importantly, no entry can be made on the database until the appeal is decided or withdrawn, ensuring a fair process for landlords and agents.

Examples of Grounds to Appeal:

1. Procedural Errors: The local authority failed to issue a formal notice or allow you to respond.
2. Factual Inaccuracies: The notice contains incorrect information, such as claiming you breached a law you complied with.
3. Offence Threshold: The alleged breach is minor and doesn’t justify being listed on the database.
4. Lack of Evidence: The authority cannot prove intent or negligence, such as delays caused by tenant actions.
5. Mitigating Circumstances: The breach occurred due to external factors, like a managing agent’s failure.
6. Failure to Consider Factors: The authority ignored your immediate actions to resolve the issue.
7. Proportionality: The breach caused no harm or was an isolated incident.
8. Late or Inadequate Notice: The notice lacked detail or was issued after an unreasonable delay.

Legal Basis

The rights and procedures surrounding appeals are governed by Section 32 of the Housing and Planning Act 2016, which outlines protections for landlords and agents in discretionary entry cases.

Out-of-Time Appeals

If you missed the deadline to appeal, you may request permission for an out-of-time appeal. Grounds for this could include:

• Illness or unforeseen circumstances preventing timely action.
• The notice from the local authority was unclear or incomplete.
• Evidence that came to light after the appeal deadline.

How Landlord Advice UK Can Help

At Landlord Advice UK, we specialise in assisting landlords and letting agents with:

• Preparing appeals against discretionary database entries.
• Advising on valid grounds for out-of-time appeals.
• Representing you in First-tier Tribunal proceedings to ensure your case is effectively presented.

Why Choose Landlord Advice UK?

• Expert Legal Knowledge: Our team is experienced in Housing and Planning Act 2016 cases.
• Comprehensive Support: From submitting your appeal to representing you in the Tribunal, we handle the process.
• Tailored Advice: We provide personalised guidance to ensure the best possible outcome.

If you are facing a potential database entry or need help appealing a decision, contact Landlord Advice UK today. Protect your rights and reputation with expert legal support you can trust.