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Crackdown on unlicensed HMOs in Islington leads to five housing prosecutions

Four landlords and a letting agent face bills totalling more than £20,000 after being prosecuted by Islington Council for operating unlicensed houses in multiple occupation (HMOs). HMOs are properties occupied by three or more people forming more than one household, and HMO licensing is used to tackle poor management of properties and drive up standards of accommodation in the private sector....

Landlord fined for ‘extremely dangerous’ rental property

A private landlord has been ordered to pay just over £1,000 after being found guilty of providing an ‘extremely dangerous’ rental property that was in a poor state of repair. Lincoln Magistrates’ Court heard that landlord Joe Burgess, of Newark Road, Lincoln, had failed to comply with housing regulations for his rental property in Newtoft, which consisted of unsafe electrics, no heating, severe...

Airbnb host fined £100,000 for letting council flat

30 Jul 2019 An Airbnb host who rented out his central London council flat to tourists has been fined £100,000 and evicted. Council tenant Toby Harman, 37, created the fake identity "Lara" on Airbnb to rent out his studio apartment. The flat, in Victoria, had been advertised since 2013 and received more than 300 reviews, Westminster City Council said. Anti-fraud software had found Harman's first...

Capitol Riot Suspects Self-Incriminate Just Like Landlords Do Every Day

19 Jan 2021 Capitol riot suspect Aaron Mostofsky (Source: New York Post, as cited in criminal complaint) Many of the insurrectionists who marched on the UA Capitol building on Jan. 6 and violently forced their way into the building stupidly livestreamed their activities or boasted about them via social media. So far, those self-identifying actions have helped law...

Landlord jailed for illegally converted flats

29 Jun 2019 A rogue landlord who made almost £130,000 in illegal rent after converting his three-bedroom house in east London into two flats without planning consent has been jailed after failing to pay back the money. Akram Hussain, 57, converted the family home in Glenny Road, Barking, into a one-bedroom flat and two-bedroom flat without obtaining planning consent. Snaresbrook Crown Court last...

Fourth conviction for rogue Beeston landlord

25 Nov 2019 Landlord Jack Collins of Woodlea Road, Yeadon, has been hit with court fines for a fourth time for failing to properly manage his rental properties. On 18 November 2019, Mr Collins was found guilty and ordered to pay £25,324.60 within two months for failing to maintain a property on Sefton Terrace, Beeston. Mr Collins had denied exposing vulnerable tenants to sub-standard housing...

Rent Repayment Order Magic Money Tree is pretty much dead!

10 Aug 2020 by Des Taylor & Phil Turtle, Landlord Licensing & Defence “Rent Arrears must be accounted for BEFORE rent is eligible to be reclaimed under a Rent Repayment Order (RRO).” At a stroke, this Judgement of the First-Tier Tribunal (in a case defended by Des Taylor of Landlord Licensing and Defence) means that the no-win/no-fee become almost worthless for the lawyers, and far...

Fines for Fire Safety breaches Will Become Unlimited says Home Office

25 Mar 2021 Building owners who breach fire safety regulations under the Fire Safety Order will be subject to unlimited fines, the Home Office has announced. The measures come as part of the government’s response to the Fire Safety Consultation and will be included in the Building Safety Bill legislation currently working its way through parliament. The fines will also be issued to anyone...

Southall landlord fined £70K for HMO regulation breaches

Mr Balwinder Singh Kahlon, the landlord of a property on East Avenue in Southall, received a substantial fine of more than £70K at Ealing Magistrates’ Court as the result of action by Ealing Council. Appearing in court on Friday, 30 October, Mr Kahlon was sentenced for 18 offences of failing to comply with the Management of Houses in Multiple Occupation (England) Regulations 2006 (Section 234(3)...

Banned but still in business: The rogue landlords exploiting weaknesses in the law

Landlords who have been deemed unfit to rent out their properties continue to operate by exploiting weaknesses in the law. An investigation by ITV News and the Guardian has found landlords continue to collect rent - often from the taxpayer in the form of housing benefit - despite failing “fit and proper” tests which were introduced to improve protection for tenants. The findings raise questions...

Dawn raid finds 17 tenants crammed into sub-let HMO

29 Nov 2019 A dawn raid by enforcement officers from a London council has discovered 17 men sleeping on mattresses in a three bedroom Home in Multiple Occupation. The raid followed a tip-off about a suspected unlicensed HMO. A statement from Brent council says the men were paying £50 a week to a head tenant in exchange for accommodation which was described by the local authority as “overcrowded,...

Fatal fire in unlicensed house leads to £15k fine and entry on rogues database

20 Jan 2020 A judge has ordered two landlords to pay a total of £14,858 for illegally renting out an unlicensed house without working smoke alarms to tenants whose teenage son died after it caught fire. Firefighters attended the scene in Thornton Heath, south London, last March but 13-year-old Kuzi Matope went on to die in hospital in April. The cause of Kuzi’s death has yet to be determined at...

From our Barrister’s Desk: Civil Penalties, HMOs and The Housing Act – a Brief Guide

By Julian Hunt, Barrister at Law & specialist in HMOs and the Housing Acts I have advised on many Housing Act Civil Penalty Notices (CPNs) since their inception. There is no set format for these notices which arrive with that ominous thud on the doorstep. I have seen notices vary from a few lines via which the recipient must discern the exact particulars of the offence, to detailed notices...

Millionaire wife of Britain’s biggest buy-to-let landlord who banned single mothers and Indians must pay £25,000 after failing to fix disabled tenant’s hot water for five months

Judith Wilson, 68, failed to fix a disabled tenant's hot water for five months Ashford Borough Council served her a notice after ex-tenants complained She was found guilty of failing to comply with an enforcement notice at a court Wilson was fined £10,000 and she was ordered to pay costs of almost £15,000 A millionaire landlord has been ordered to pay £25,000 after she disobeyed a notice to to...

Landlord fined for operating illegally

Nasar Shaikh, of Coleshill Road, Birmingham, was fined £5,000 after failing to obtain a licence from Waltham Forest Council to rent out a two-bedroom flat on Theydon Street, Walthamstow. The landlord let the property to a young family who had been living at the house since 2010. The council identified the address in 2017 as one that needed a licence, but when officers contacted Shaikh, after...

Landlord’s excuse for operating Unlicensed HMO not a ‘Reasonable Excuse’ finds Appeal to Upper Tribunal

05 Jan 2021 Thurrock Council has won an appeal from a decision of the First-tier Tribunal to cancel a civil penalty imposed for the offence of managing or being in control of a house in multiple occupation that is required by the Housing Act 2004 to be licensed, when it was not so licensed. The FTT reached that conclusion because it found that the respondent had the defence of reasonable excuse....

And this is why Landlords have a bad name

29 Jul 2019 Announcement follows an investigation and police action into the notorious landlords and businessmen. The landlord business of father and son Salvatore and Robert Lopresti is subject to an “urgent” investigation by the council’s housing enforcement team. The announcement follows an investigation into the family ice cream and property rental businesses that resulted in a police...

Rogue landlord in Harrow faces jail if he doesn’t pay £1.5m fine

Vispasp Sarkari convicted after being caught cramming families into squalid properties A rogue landlord who illegally carved up family homes to create cramped bedsits and charged tenants hundreds of pounds a month is facing prison unless he pays what is believed to be a record £1.5m penalty for breaking planning laws. Vispasp Sarkari, 56, from Harrow, north-west London, has been ordered to pay...

Councils using ‘Intelligence” to track down rental properties with low EPCs – £5,000 fines

29 Mar 2021 And so the EPC witch-hunt begins…. Threatening fines of up to £5,000 for any rental property with an EPC lower than Band E, councils are now using artificial intelligence to pull together all manner of records and information to cross-correlate properties on the EPC register with ratings F or G so that they can issue fines in the name of improving housing conditions for tenants. Of...

Oxford landlord issued financial penalty of £15,624 for HMO offences

An Oxford landlord has been issued a financial penalty of £15,624 for controlling an unsafe House in Multiple Occupation (HMO) in the Cowley area of Oxford. The East Oxford-based landlord, who cannot be named for legal reasons, was investigated after environmental health officers from Oxford City Council visited a rented property on Kames Close in August 2017. The house was found to be an...

Council adopts ‘zero-tolerance approach’ to rogue landlords

A private landlord has been fined by Willesden Magistrates Court for poor and potentially dangerous housing conditions following a prosecution by Brent Council. The prosecution of Monojor Ali, of Cairnfield Avenue, NW2, is one of more than fifty already made this year by Brent Council, which councillor Harbi Farah, cabinet member for housing, says “sends a clear message that the council is...

Oxford City Council has collected a total of £31,606 in penalties for housing offences from its first three cases since the introduction of new financial penalty powers

Oxford City Council has collected a total of £31,606 in penalties for housing offences from its first three cases since the introduction of new financial penalty powers to help crackdown on rogue landlords and improve safety for renters. In the biggest of the three fines, a landlord who owns a rented property on Garsington Road received financial penalties totalling £25,298 for failing to...

Landlord who refused to pay for legal assistance gets stung for £28,000 in Rent Repayment Orders

19 Oct 2020 A Landlord who told our firm that he’d rather go out alone than pay £450 in fees for legal assistance has ended up with the inevitable DIY result of a massive Rent Repayment Order for £28,000. "Landlords who think they have the skills that they can handle their own case in the Property Tribunal are for the most part deluded and heading for disaster”, said Phil Turtle compliance...

“Screw your Landlord” Westminster City Council launches online tool encouraging HMO Tenants to claim Rent Repayment Orders

In a move designed to punish as many landlords as possible with crucifying Rent Repayment Orders of up to 12 months rent, City of Westminster has launched a "find out of you can screw your landlord" tool on their website. They are obviously using this 'hook' to get tenants to grass-up landlords who have not paid their 'licence tax'. Cynically, It has everything to do with punishing landlords for...

Rogue landlord fined as council clamps down on ‘unacceptable living conditions’

"I hope this sends a clear message - we want to clamp down on unacceptable living conditions." A landlord has been fined for his failure to have a licence in place for the House in Multiple Occupation (HMO) in Barnstaple which he owns and manages. Mr Franco Capocci was found guilty on 31 July at North and East Devon Magistrates Court of failing to obtain a licence in relation to The Gables at 4...

Mandatory Professional Qualification to be a Landlord says Commission

05 May 2020 A commission investigating affordable homes in the UK has called for annual private sector rent increases to be limited to a new index of income growth and for landlords to pay tenants’ removal costs in some circumstances. The Affordable Housing Commission also recommends that “charging more than the permitted rent increase would be an offence, with the landlord facing a fine...

Liverpool Council hands out 2,000 legal notices, 154 cautions, 89 civil penalty notices and 159 prosecutions

11 Apr 2019 A council has revealed the squalid conditions its inspectors have found when visiting rental properties as it looks to extend its landlord licensing scheme. Liverpool City Council has operated a city-wide selective licensing scheme since April 2015 but is now looking to extend it for five years when it expires in March 2020. Council officials say more rogue landlords have been...

The true Cost of Unlicensed HMOs

30 Jan 2020 A landlord in bath was fined £10,000 plus £4,000 costs and given a criminal record in Bath this month for not licensing her HMO. We see cases of this every week and the "going rate" is around £12,000 for not licensing an HMO.  But that is only the start. To 'obtain proof' that you are operating an unlicensed HMO, the councils often effect dawn raids turning up 6 or 8 of them at...

£10,000 fine per 2-bedroom shared house as Greenwich mounts witch-hunt to raise revenue

10 Jul 2020 Four buy to let investors have each been fined £10,000 for letting out unlicensed HMOs. The unlicensed properties , all in the Greenwich area, include a two-bedroom HMO rented to four separate tenants, a five-bedroom HMO rented to seven separate tenants, and two separate three-bedroom HMOs.  A council spokeswoman says: “Every single person in our borough deserves...

Six month custodial sentence for criminal landlord

03 Jul 2019 A Derby landlord has been handed a six month prison sentence following a successful prosecution by Derby City council. Mr Rajinder Narroya was prosecuted by the Derby City Council Housing Standards Team at a case heard in South Derbyshire Magistrates Court on Thursday 20th June. The prosecution related to two offences about rented flats on Uttoxeter New Road, Derby. Following...

Landlord and Agent fined for 32 occupants in 2 bed flat

The managing director of a letting agency and the Landlord of a two-bedroom flat where an unbelievable 32 people were found to be living have been fined, along with the agency itself. Altogether they have been ordered to pay a remarkably low £30,000. However, as this was a criminal prosecution in court rather than civil financial penalties it is normal for the fines to be lower because the...

Rogue landlord fined £7,000 for not having an HMO licence

A landlord who failed to apply for an HMO licence despite being interviewed on the subject under caution has now been fined £7,000. Frank Scanlon appeared before Worthing magistrates accused of breaching the Housing Act 2004 (Section 72 (1)) after failing to licence his property correctly to ensure the safety of its occupants. When Scanlon’s property was inspected by Worthing council officers,...

Rogue Birmingham landlord endangering lives successfully prosecuted

George Lindsay, 55, from Erdington, has been successfully prosecuted and ordered to pay close to £20,000 for breaching housing regulations. The rogue landlord pleaded guilty for failing to obtain a House in Multiple Occupation (HMO) licence and to 13 breaches of HMO Management Regulations and has been ordered to pay a fine of £19,970. When issuing the sentence, the district judge commented that...

Solihull HMO

The property owner had owned the property for 20 years or so and two years previously had rented it to a corporation that had put 5 occupants into the property. From the 1st October 2018, all properties with 5 occupants, not all related, were required to have a Mandatory HMO (House in Multiple Occupation) Licence applied for by that date.  The corporation had agreed that it would carry out the...

Government gives Councils £3.8million to increase Enforcement against Landlords

06 Nov 2019 Fresh funding for local councils in England to tackle landlords has been made available, the Ministry of Housing, Communities and Local Government (MHCLG) has announced. The government’s intention is that this money should be used to target true ‘rogue’ landlords - but in practice, it is likely to be used to target all landlords. Housing secretary Robert Jenrick said councils will be...

HMO Landlords: Guilty Until Proven Innocent

01 Apr 2020 Over the past year we have seen Mandatory HMO licensing increased in scope to include all properties with 5 or more occupants, where they belong to two or more households. Since this we have seen a dramatic increase in the use of prosecutions, civil penalty fines and Rent Repayment Orders against Landlords. Many landlords, doing their best and running what they believe to be good HMO...

Landlord gets £2,249 fine and criminal record for illegal eviction

18 May 2021 Landlord Antanas Klibavicius has pleaded guilty to illegally evicting his tenant and not taking any steps towards ending the tenancy properly and legally.  Klibavicius, from Sheffield, pleaded guilty to unlawfully depriving his tenant of accommodation contrary to s1(2) Protection from Eviction Act 1977.  Taking into account Klibavicius’ early guilty plea, magistrates...

Landlords advised to watch out as Councils accused of not issuing enough Rent Repayment Orders

March 29, 2019 Councils in England have been accused of failing to use powers to tackle rogue landlords in the private rented sector. A response to a parliamentary question this week on the use of rent repayment orders (RROs) revealed that just three have been issued by local authorities to claw back Housing Benefit or the housing element of Universal Credit paid through rent in the 18 months to...

Landlord Wins £15k Compensation Against Council

07 May 2021 In what was only a hollow victory for the owner, the almost toothless Local Government Ombudsman has given Worcester City Council only a small slap on the wrist for giving a landlord false information as part of his Pre Application planning advice which later led to his full planning application being thrown out.Leaving the landlord £10,000s out of pocket this just goes, once again...

Landlord fined £6,000 for not having HMO licenses

A landlord has been fined for not licensing 12 buy-to-let properties in the North Ormesby area of Middlesbrough. John Bradley, 39, was the first landlord to be brought to court for not signing up to the scheme since Middlesbrough Council introduced compulsory £580 licences for those who rent out property in the local area in a bid to crackdown on rogue landlords. But while Bradley admitted to...

Landlord Fined £2000 for substandard property

07 Oct 2019 A buy-to-let landlord in Sutton has been ordered to pay more than £2,000 after failing to provide acceptable living conditions for his tenants. Jonathan Patrick Hoey was found guilty of breaching an emergency prohibition order by the district council issued two months earlier. The action was taken in relation to a property he owned on Seagate Farm in Long Sutton, Spalding,...

Landlord faces jail unless she pays back £140k

A landlord in Hayes, west London, has been ordered to pay back more than £140,000 in rent she received unlawfully after converting a house into two separate flats without planning consent. The council's planning enforcement officers discovered Surinder Kaur Sethi, 61, had converted a three-bedroom house in Balmoral Drive, worth in the region £400,000, into two self contained flats without...

‘Landlord in Crisis’ Cases Last Week

23 Jun 2020 The last two weeks has been hectic and often people see what we publish and ask what exactly do we do? Well here is the first half covering just some of the things we have covered in the last two weeks, no day is ever boring and it is a long read and these cases are all landlords just like you: Landlords and COVID-19 Covid-19 has meant much more enforcement action against landlords...

£22,000 landlord fine for inadequate fire precautions and poor maintenance

15 Feb 2021 Two landlords who let an unlicensed London HMO property without providing proper washing facilities or tackling serious fire hazards have been taken to court. The pair were fined over £22,000 after letting out a property in Hackney without proper safety and hygiene standards, or applying for a council licence. Magistrates heard that joint owners Ella Louise Hill and Tyrone...

Landlord fined £87,000 for putting tenants in ‘serious danger’

11 Mar 2020 A private landlord has been prosecuted by Bristol City Council for providing private rented accommodation that posed a “serious risk to life”.  Nine people were found living in cramped conditions in a small flat rented out by rogue landlord Deepak Singh Sachdeva on Avonmouth Road in Bristol, BS11, with two children forced to sleep in cupboards. Bristol City Council said the...

Civil penalty notices served on landlords who cannot be named

11 Sep 2020 Two landlords have been served with civil penalty notices for operating unlicensed HMOs.  The notices were from Wellingborough council; one was for £6,000 and the other for £8,250. Details of the individuals and properties cannot be disclosed as the penalties are civil sanctions, not criminal, however the council confirms that both landlords were operating licensable HMOs...

Landlord fined £35,000 for selective licence breaches

02 Dec 2019 The owner of two properties has been fined £35,000 for breaches of the selective licensing regime in his local area. At a hearing in Scarborough Magistrates Court last week a Mr Raja - director of ASR Estates (UK) Limited - pleaded guilty to a string of charges including failing to notify the council of new tenancies being granted at the property together with confirmation that all...

Kedleston Road

Handled negotiations for the Client, a Tenant Company where the Letting Agent (as they so often do) was wrongly insistent on using an Assured Shorthold Tenancy, which was the incorrect agreement and not fit for purpose. (An AST is for individuals and not for Companies it is Housing Act 1.1 a. One ought to be able to expect better from Letting Agents!) Protracted negotiations, as we discovered as...

Landlord fined £7,400 as council secures 125th prosecution against rogue operators

A buy-to-let landlord has been ordered to pay £7,400 after failing to obtain a license to rent out a property in North West London. The unlicensed two-bedroom flat in Tunley Road, Harlesden, which would have cost £340 for a five-year selective licence, came to the attention of enforcement officers after the family complained to the council about their broken boiler. The landlord, Errol Roy...

Yet another landlord fined massively for unlicensed property

11 Jun 2021 A London council has prosecuted a landlord for renting out an unauthorised and unsafe House in Multiple Occupation. Daniella Mbachu, who owns property in Mitcham, was found guilty of failing to apply for an HMO licence from Merton council, and failure to supply a fire alarm, fire blanket, CO2 extinguisher, and fire escape.  As a result, she has been ordered to pay £13,800 in...

Invited to PACE interview under caution

Has Council told you to attend a PACE interview Under Caution?

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Section 72(1) Notice - Unlicensed HMO

Received a Section 72(1) Notice from The Council about your unlicensed HMO?

Do not respond to the Council or you will self-incriminate.

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Section 95 Notice - No Selective Licence

Received a Section 95 Notice from the Council about your unlicensed rental property?

Do not respond to the Council or you will self-incriminate.

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Section 249 Notice - Civil Financial Penalty

Received a Section 249 Notice from the Council about a Financial Penalty?

Do not respond to the Council or you will self-incriminate.

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Section 13A Notice - Civil Financial Penalty

Received a Section 13A Notice from the Council about a Financial Penalty?

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Section 234 (Regulation 3) Notice - Financial Penalty HMO Management Regulations

Received a Section 234 Notice from the Council about a Financial Penalty?

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HMO Management Regulations issues

Need help understanding HMO Management Regulations and your legal duties under them?

Do not ask the Council or you will self-incriminate.

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Rent Repayment Order

Received a Notice from the Tribunal or threat of a Rent Repayment Order from council or tenants?

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Section 239 Notice - Notice of Intended Inspection

Received a Section 239 Notice of Inspection from the Council?

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Council HMO Standards

Does your HMO meet the Council Amenity Standards? Get your plans reviewed by an HMO Design Expert

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First Tier Tribunal (FTT) Case / Appeal

Have you got a Tribunal Case against you or want to appeal against your council to the Tribunal?

Speak to one of our First Tier Tribunal (Property) experts to understand your options and outcomes.

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Fire Safety Design

Does your renovation or conversion meet the Fire Safety Requirements for your intended rental use type?

Get your plans reviewed by a fire safety expert

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HMO Licence conditions - Assessment for unreasonableness & Representations

Unreasonable Draft HMO Licence conditions become criminally prosecutable. Don’t accept them.

You have only a few days to get expert help and appeal against them.

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Additional Licence conditions - Assessment for unreasonableness & Representations

Unreasonable Draft Additional Licence conditions become criminally prosecutable. Don’t accept them.

You have only a few days to get expert help and appeal against them.

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Selective Licence conditions - Assessment for unreasonableness and Representations

Unreasonable Draft Selective Licence conditions become criminally prosecutable. Don’t accept them.

You have only a few days to get expert help and appeal against them.

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Court Summons - housing / property related

If you have received a Court Summons relating to property, you need property expert legal support. Contact us immediately for the best Barristers in the property sector.

Do not respond without legal representation.

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HMO Design Review

Does your HMO renovation meet Fire Safety Regulations, HHSRS and Council Amenity Standards?

Get your design reviewed by our exerts before you discover it is non-compliant and expensive recifications need to be done after the build.

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Environmental Health Act Notice

Have you received a council notice under the Environmental Protection Act 1990 or the Public Health Act 1961?

Do not respond to the Council or you will self-incriminate.

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Improvement Notice

Received an Improvement Notice that you think is unreasonable? Discuss your options with one of our Experts.

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Does my property need a licence?

Not sure if your rental property needs a licence?

Don’t approach the council or you immediately put yourself on their enforcement radar.

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What type of property licence does my property need?

Not sure whether your property needs Mandatory, Additional or Selective licence?

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Does my HMO need planning permission?

Unsure whether your property needs planning permission or what sort of planning you need?

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Can I create a shared house?

In many locations, councils have removed automatic permission to do so. Contact us to find out whether you can or not and what your options are.

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How do I make my property compliant?

Want to ensure that your rental property or HMO is compliant with regulations before you get massive fines?

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Does my property needs a Fire Risk Assessment?

Not sure whether your property needs a fire risk assessment or if you should write your own?

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Rats, Vermin and Pests

Have you received a Notice from the council about rats or pests?  not sure what to do? Speak to our of our health and safety advisors.

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Housing Health and Safety Rating System (HHSRS)

Avoid getting prosecuted by the Council for non-HHSRS compliant property?

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