Local housing authority can prosecute under LTA 1985 s. 34
LTA 1985 s. 34 allows a local housing authority to bring proceedings for any offence under the Landlord and Tenant Act 1985.
Proceedings for an offence under any provision of this Act may be brought by a local housing authority.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 34 of the Landlord and Tenant Act 1985 gives a local housing authority the power to start criminal proceedings for any offence created by that Act. It does not create new offences; it simply says who can bring the case.
This means that if a landlord, tenant, or any other person commits an offence under the Act, the local housing authority (the council responsible for housing in the area) may decide to prosecute. The authority is not required to do so—it is a discretionary power.
The provision does not affect the ability of other bodies, such as the police or the Crown Prosecution Service, to bring prosecutions for the same offences, but it specifically authorises the local housing authority to act.
When it applies
- A landlord fails to provide a rent book as required by section 4, and the local housing authority decides to prosecute.
- A company fails to supply the required information under section 6, and the local housing authority brings criminal proceedings.
- A person commits an offence under section 7 (general offences), and the local housing authority starts a prosecution.
- A director of a body corporate is liable for an offence under section 33, and the local housing authority brings the case.
- A landlord in Wales fails to comply with the implied term of fitness for human habitation under section 8, and the local housing authority prosecutes.
What this section does not say
- This provision does not give a private individual the right to sue for damages; it only covers criminal prosecution by the local housing authority.
- It does not apply to offences under other Acts, only those under the Landlord and Tenant Act 1985.
- It does not require the local housing authority to prosecute; it is discretionary.
- It does not cover civil proceedings, such as claims for possession or breach of contract.
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This page reproduces the text of LTA 1985 s. 34 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.