Trading Standards and rogue landlords: when to report and what happens

Trading Standards is a local authority service that enforces consumer protection, product safety, and trading law. In housing, Trading Standards teams can take action against landlords who commit serious offences, including fraudulent behaviour, unlicensed HMO operation in some areas, and breaches of consumer law. Below, we look at what Trading Standards can do in housing cases, how to report, and what other routes may be open alongside a report.

What Trading Standards can act on in housing

Trading Standards powers vary between councils and depending on the specific law being enforced. In housing, relevant areas include:

Fraudulent or misleading practices: A landlord or letting agent who provides false information about a property, for example, claiming it has facilities it does not have, misrepresenting the energy rating, or making false statements in advertising, may breach the Consumer Protection from Unfair Trading Regulations 2008. Trading Standards can investigate and prosecute.

Letting agent fees: Since the Tenant Fees Act 2019, most fees charged to tenants by letting agents are prohibited. Charging prohibited fees is a civil offence enforced by Trading Standards, who can impose financial penalties.

Unlicensed letting agents: Letting agents must belong to a client money protection scheme and a redress scheme. Failure to do so is a criminal offence. Trading Standards can prosecute.

HMO licensing offences (in some areas): In some council areas, Trading Standards works alongside the housing enforcement team to deal with unlicensed HMOs or breaches of HMO management regulations.

Product safety: Landlords who supply unsafe gas appliances, electrical equipment, or furniture that does not meet fire safety standards may be dealt with under product safety law by Trading Standards.

What Trading Standards cannot do

Trading Standards cannot:

• Order a landlord to carry out repairs on your behalf
• Act on your behalf in a civil claim for disrepair
• Replace the role of Environmental Health for housing hazards (though the two services sometimes work together)

For forcing repairs or getting compensation, a disrepair claim through the courts, or a complaint to Environmental Health, is more appropriate.

How to report a landlord or letting agent to Trading Standards

Reports to Trading Standards are usually made through the Citizens Advice consumer helpline (0808 223 1133), which passes them to the relevant local Trading Standards team. You can also contact your local council directly and ask which team deals with landlord or letting agent compliance.

Be as specific as possible when reporting. Include the landlord or agent's name, address, the nature of the offence, any evidence you have, and your contact details.

Trading Standards are primarily an enforcement and prosecution service, they are not a redress scheme and cannot award you compensation. But a successful Trading Standards action can result in criminal conviction, civil penalties, and sometimes a Banning Order that prevents the landlord from renting property.

Banning Orders

Under the Housing and Planning Act 2016, courts can make Banning Orders against landlords who have committed certain serious housing offences, including unlicensed letting, illegal eviction, and harassment. A landlord subject to a Banning Order cannot let residential property. Trading Standards and council housing teams both have a role in building cases that can lead to Banning Orders.

Using Trading Standards alongside a disrepair claim

A report to Trading Standards and a disrepair claim are separate processes. You can pursue both if the facts of your situation involve both a serious offence (such as fraud or prohibited fee-charging) and unresolved disrepair. The Trading Standards report may contribute to a broader record of the landlord's conduct, though Trading Standards investigations are confidential while ongoing.

Sources

• Housing and Planning Act 2016 (banning orders) (legislation.gov.uk)
• Tenant Fees Act 2019 (legislation.gov.uk)

Related articles

• Landlord harassment and illegal eviction
• What is a rent repayment order?