The Housing and Planning Act 2016 (Database of Rogue Landlords and Property Agents) Regulations 2018 have been made and came into force on 6 April 2018. The regulations empower the Secretary of State for Housing, Communities and Local Government to establish a database of rogue landlords and property agents.

Database entries are to be made where a banning order has been made against a landlord or agent, or where a person has been convicted of a banning order offence and was a landlord or property agent at the time of the offence, or in respect of a person who has at least twice in the last 12 months received a financial penalty for a banning order offence.

Information entered on the database includes the full name and address (including directors details for corporate entities), the address of the relevant housing, the national insurance number and date of birth of individuals, the local housing authority under which the entry has been made, the length of time the database entry is valid for, and descriptions of each banned activity or banning order offence that has taken place.

Landlords and property agents convicted of banning order offices should be given a decision notice 21 days before the database entry is made, with details of the right of appeal. Appeals have to be lodged within the 21 day period.

If an appeal against the original conviction is successful or becomes spent then the entry can be removed.

It is intended that the database will act as an incentive on landlords to improve standards.  The data may also be used by local housing authorities for criminal or other investigations, as well as statistical and research purposes.