Fitness For Human Habitation
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...
Landlord handed two-year ban and £41k bill for putting tenants’ lives at risk
A man who rented out rooms above a town centre bar has been banned from being a landlord after putting the lives of his tenants at risk. Dean Dunkley, 41, of Dunchurch Road in Rugby, has also been ordered to pay more than £41,000 in legal costs by the magistrates after he was found guilty of a number of offences. The prosecution was brought by Rugby Borough Council after several inspections of...
Landlord in court because buy to let was unclean and unsafe
23 Jul 2021 A landlord who failed to ensure his property was clean and safe for tenants to live in has been prosecuted by a council. An environmental health officer from Oldham council first visited a private rented property in the town in September last year after they received information about a number of faults, including dangerous electrics and a leaking toilet. An Improvement Notice...
Council to crack down on Dorset Landlords in Dorset
04 Nov 2020 PRIVATE landlords who fail to stick to regulations and treat tenants unfairly can expect a tougher approach from Dorset Council. Senior council officers told a committee this week that they now had the backing, and funding, to adopt a tougher stance where needed, although will always try to work with property owners in the first instance. The new proactive approach is currently being...
Landlord fined three times over for “poorly converted” HMO
18 Mar 2021 A landlord and agent must pay more than £300,000 after housing 18 people in squalid conditions. Bristol City Council officers had "serious concerns" for the safety of the residents – including six children – of 24 Lower Ashley Road in St Agnes. Adam Habane, 51, of Dove Street, and Lloyd Beckford, 60, of Lower Ashley Road, ran the building as a house in multiple occupation (HMO),...
“All hands to the pumps” demands Lord Chancellor as he vows to catch up on Court and Tribunal cases
06 Jul 2020 The Lord Chancellor has agreed that there should be no constraints in the number of sitting days available during the COVID-19 recovery period for the courts or any hesitation in using fee-paid and deputy judges to fill any gaps which cannot be filled by the salaried judiciary, the Lord Chief Justice Lord Burnett and Lord Justice Lindblom have revealed. “It is now all hands to...
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....
Tribunal Tells Coventry City Council that £31,499 Landlord Penalty is ’not in any way reasonable’ and slashes it to £3,300
24 Oct 2019 In the First Tier Tribunal (Property Chamber) the Landlord Mr Tan Sandhu appealed against a fixed penalty of £24,649 (initially £31,499) imposed by Coventry City Council for breaches of the Housing Act 2004. Reviewing the Tribunal’s decision, Phil Turtle, compliance consultant with Landlord Licensing and Defence said “Whilst we cannot condone a landlord not knowing and / or failing...
HMO landlord fined after Barnet Council investigation
A landlord has been ordered to pay £2,650 in fines and costs after failing to licence a House of Multiple Occupation (HMO), following a successful prosecution by Barnet Council. Investigators discovered that the two-storey property in Hamonde Close, Edgware, was housing seven people during an evening inspection by the council’s Private Sector Housing Enforcement Team. They wrote to the owner,...
Landlord fined £60,000 for license breaches
A court has fined a Gateshead private landlord £60,000 for committing serious offences under The Housing Act 2004. Mr X. the landlord* of the property in Ridley Gardens in Swalwell, was found guilty of failing to comply with an Improvement Notice and breaching the conditions of his landlord licence by failing to effectively manage his property. Issues with the property, which is located within...
NLA demands councils prosecute letting agents
04 Jul 2019 Local authorities are failing in their duty to prosecute criminal letting agents, the National Landlords Association (NLA) has warned. The NLA says a lack of enforcement is undermining efforts to improve the reputation of the private rental sector. More than half of 20 local authorities did not prosecute a single letting agent between 2014 and 2018, according to a Freedom of...
Landlords fined over £60,000 over 7 bed HMO
19 Apr 2021 Two landlords of a property in East London have been ordered to pay costs and fines totalling £61,057.05 after they were prosecuted for multiple housing offences. John Renvoize and Dedar Shah owners of a seven bed property in Dagenham were ordered to pay the fines following a case at Romford Magistrate Court. Following an inspection of the property in January 2018, Renvoize...
Landlord fined £25,000 over lack of hot water for disabled tenant
Judith Wilson, who owns 300 houses in Kent, ignored council enforcement notices. The wife of Britain’s most controversial buy-to-let landlord, Fergus Wilson, has been ordered to pay £25,000 in fines and legal costs after a court ruled that she had failed to supply hot water to a disabled tenant. The court found that Judith Wilson, who revealed she has more than 300 houses in her name in the...
Portsmouth lettings agency Kings Estates and Southsea landlord fined £18,000 for unlicensed 12-bed student house
11 Feb 2021 A LETTINGS agency has been fined £12,000 after council officers found 11 students living in a ‘high risk’ unlicensed converted pub. Portsmouth letting firm Kings Estates was initially handed a £6,000 fine by Portsmouth City Council after a tenant blew the whistle about the lack of a mandatory licence. Elegance lap dance bar owner Paul Ojla, the co-owner, of the shared 12-bed house...
Unlicensed landlord ordered to pay over £2,600
A private landlord has been fined £2,000 for renting out two properties in Peterborough without a licence which he was legally obliged to obtain under the city council’s selective licensing scheme. Kevin Wagstaff, who lives in Eye, was found guilty in his absence at Peterborough Magistrates’ Court last week for letting two properties on Atkinson Street and Saltmarsh without a licence, despite it...
Five Tenant Tricks to throw out a Section 21 eviction notice
19 Jan 2021 Landlords need to be in no doubt that tenants are being educed by councils, shelter, a wide range of no-win, no-fee ambulance chasers- and now tenants unions too - into not only the ‘tricks and hacks’ they can use to stop you being able to gain possession (no matter how much hey haven’t paid in rent) but also (because there is money in it for all of these organisations one way...
Northampton Council takes Landlords house
29 Oct 2020 Northampton council is seeking a so-called Charging Order against a landlord who failed to carry out improvements to her property and then ignored the resulting £12,400 civil penalty. In December 2018, council officers carried out an inspection of the property in the town, owned by Mrs Alle Sabboth. They found multiple category one hazards such as faulty door locks...
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...
Banned: Rogue agency and director cannot let any property in England
28 May 2021 A London council has secured banning orders against rogue property agents who were previously fined over £70,000 for letting an unlicensed and unsafe home. Simple Properties Management Ltd and the company’s director, Miguel Cabeo Cespedes, were given banning orders prohibiting them from letting any housing and engaging in letting agency or property management work in England. The...
Two Cambridge landlords fined for breaching health and safety standards
Two landlords in Cambridge have been fined for health and safety breaches in their privately rented properties. Following an investigation by Cambridge city council, a local landlord was served with a financial penalty notice of £8951.60 after a property in multiple occupation (HMO) on Garlic Row was found to be unlicensed and had unsatisfactory fire precautions. In a separate investigation by...
Council boasts of issuing 133 penalty notices and 23 improvement notices
02 Jul 2019 A London council wants to extend its private rental sector licensing scheme - and in doing so is boasting of the number of notices it’s so far issued against landlords. Havering council has begun a consultation looking at extending its scheme, launched initially in March 2018. As part of the publicity promoting its extension, the council says it has issued 133 financial penalty...
Agent claiming to be unaware property was HMO, loses appeal over £20k fine
A lettings agent that claimed that it was unaware a property was a house in multiple occupation (HMO) has lost its appeal over a £20,000 fine. In January this year Altavon property management ltd and the landlord of the property, Adrian Simion, 30, had been found guilty at Luton Magistrates court of a series of management regulations breaches relating to the safety and running of houses in...
DOZENS of landlords have been fined under a crackdown on illegal immigration
Financial penalties totalling £37,000 were handed out in the first eight months after the Right to Rent scheme was rolled out across England, figures obtained by the Press Association reveal. The fines were issued to 62 landlords between the start of February and end of September last year - a rate of around one every four days. Right to Rent requires landlords or householders to establish that...
Landlord fined £50,000, for failing to licence 2 HMOs
Following a trawl of Letting Agents Web sites properties for let were discovered for rent and had no house in multiple occupation Licences. Harmesh Bagga, landlord of 3 properties let through Ignite Properties to students in Royal Leamington Spa has been fined £50,000 plus costs for failing to properly manage and obtain licences for each of his properties let in multiple occupation Magistrates...
Leeds landlord has been fined for renting out this mouldy, unsafe house
2 May 2019 A woman living in this dangerously maintained house in Chapeltown has been awarded compensation after her landlord was taken to court. Andrew Watson, of Harehills Avenue in Chapeltown, was fined £6,500 and ordered to pay victim compensation of £1,000 after he repeatedly ignored legal notices served by Leeds City Council regarding the condition of a house he was renting out on Hill Top...
Landlord fined £29k for putting tenants’ lives ‘at risk’
Dangerous electrical mains installation, ‘defective’ sanitary fitments in both the bathroom and kitchen, and a ‘lack of automatic fire detection’, were among just some of the issues uncovered during an inspection of a rental home in Derby that led to the property’s owner being fined just over £29,000. Buy-to-let landlord Adrian Ernest Dart was described by the prosecution as an ‘absentee...
Landlord hit with £66,000 bill after sending in heavies to kick tenant out
27 Jun 2019 A rogue landlord has been ordered to pay a £60,170 fine and £6,000 court costs after being found guilty of making tenants’ lives a misery. The fine is the biggest financial penalty that Brent Council in London has secured to date. The council says it is a reflection of the “truly appalling conditions” tenants were living in. Hugo Pulqueiro sent in the heavies to remove the belongings...
HMO deemed dirty & unsafe. Lettings firm fined £21,000
09 Jun 2021 A council investigation found no fire alarms, routes of escape blocked, and a broken window covered with a 'to let' sign A Manchester letting and management company has been fined more than £21,000 after one of their properties was found to have multiple fire safety breaches. Mecca Properties M/cr was found guilty of ‘systematic failings’ at a tribunal following an investigation by...
Are you running an HMO without realising it?
How many rooms do you have in your rental property? How many people are living there? Could you be at risk of being targeted by local government's current crackdown on unlicensed HMOs (Houses in Multiple Occupation)? HMOs can be a serious pitfall for landlords, with the potential to cost you large sums of money in penalties and litigation. A couple of recent news items have reminded us how...
Bristol Council Starts Cynical campaign to bankrupt Landlords
13 Jul 2020 In another cynical move by landlord-hating councils, Bristol Council is encouraging tenants in the town who believe they have been mistreated by landlords to seek punitive rent repayment orders. Said Phil Turtle, director of Landlord Licensing & Defence “The only conclusion one can draw is that this is purely vindictive.” The main reason for the grant of Rent Repayment Orders is...
Countrywide chain Beresford Adams and landlord together fined £30,000 over HMO
23 Sep 2019 Wrexham council discovers that HMO is unlicensed and that conditions at the property include inadequate fire safety provision. A landlord and her letting agent, 28-branch Countrywide chain Beresford Adams, must pay a total of £32,300 in fines, costs and victim surcharge after an HMO visited by inspectors in Wrexham found it to be unlicensed. Landlord Jane Sabio, who had pleaded...
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...
Bath pair fined £16k for holding wrong HMO licenses
Two landlords in Bath have been ordered to more than £16,000 for failing to hold the correct HMO licences. Elizabeth Vowles, 48, and Hayley Book, 55, from Weston pleaded guilty at Bath Magistrates’ Court to the offence under the Housing Act 2004. The court was informed that the pair were caught operating two HMOs in the Additional Licensing Area without a licence in January 2017, despite the...
Landlords Beware: Accidental Landlord Punished More for Harmless Error Than Criminals Are Punished For Assaulting Police Officers!
27 May 2019 Sometimes the law seems grotesque, says ex-deputy chief constable – Tom Wood. A friend who made an honest mistake as a new landlord received a greater punishment that a criminal who assaulted a police officer, writes Tom Wood. I was reminded of the famous verse from The Crocodile Song when I attended a recent sitting of the First Tier Housing and Property Tribunal for Scotland. In a...
Landlord denied licences despite past conviction being ‘spent’
10 Dec 2020 A London council has confirmed its right to refuse licenses to criminal landlords - even reformed ones. A story in the East London Guardian says Nasim Hussain and her daughter Farina took the Waltham Forest council to court after the family’s licences for 29 rented properties were revoked and seven applications for new licences refused. The two women argued the council was wrong to...
Record fine highlights importance of HMO licences and compliance
An “unscrupulous” landlord in Birmingham has been handed a record-high fine of more than £180,000 for breaching the rules related to four of her HMOs (houses in multiple occupation) after being found guilty of 35 offences. The director of property business Vertu Capital, which is now in administration, has been ordered to pay a total of £182,314 in fines, costs and compensation to her tenants in...
I would have sent you to prison if I could – Judge tells Landlord
10 Dec 2019 A landlord has been ordered to pay almost £20,000 and has been told by a judge that he was meaner than Scrooge. George Lindsay, from Birmingham, has pleaded guilty of failing to obtain an HMO licence and to 13 breaches of HMO Management Regulations. He has been ordered to pay a fine of £19,970. When issuing the sentence, the district judge commented that Scrooge was a philanthropist...
Yet another Landlord fined for unlicensed (but faultless?) HMO. Spalding
06 Nov 2019 Landlords need to be fully aware that failure to have the necessary licence will result in prosecution or fines by the Council or Local Authority even if there is nothing wrong with the property. South Holland Council in Lincolnshire made this press release recently where Councillor Christine Lawton, South Holland District Council portfolio holder for housing and health said: "This...
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...
Mandatory Electrical Test (EICR) before you can let any property will be Law very soon
14 Jan 2020 By Giles Parker of Nearly Legal. The draft of The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 has been laid in Parliament. The regs require a resolution of each house, so this will not be an immediate approval, but should be soon – it looks like the intention is for the Regs to be in force from 1 April 2020. From the draft, there will be a...
‘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...
Tenant in arrears? Text them! New research finds phone calls are too intimidating…
12 Oct 2020 Most tenants claim they are “intimidated” when agents or landlords telephone them about arrears - and they would much prefer a text. Warned Phil Turtle, compliance director with Landlord Licensing & Defence “Thus is potentially scary for landlords as “Intimidation or harassment is one of the reasons that tenants are persuaded to apply for Rent Repayment Orders claiming...
Huge fine for HMO owner after refusal of planning consent
09 Dec 2020 A long-running case about a house divided up and let out without planning permission has resulted in a fine of nearly £10,000 for the owner. Brighton & Hove council investigated the property back in July 2018. The owner, Shirley White, had divided up the house and was letting it out before she discovered she needed planning permission to convert the property to a house of...
HMO Landlord ordered to hand over 18 HMOs to Managing Agent & fined £30,000
26 Apr 2021 A landlord has been handed nearly £30,000 in fines and costs after pleading guilty to maintenance and safety failures at three properties. Landlord Naomi Knapp, of Bedminster in Bristol, agreed to pay £2,000 a month for at least the next year to meet the fines, costs and victim surcharges totalling £29,597.59, after admitting failing to meet required standards of management in three...
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...
Landlord and managing agent fined £22,000 for unlicensed HMO
Kuppusami Selvarajan and his agent S3A Management Limited must pay sum which includes fines and costs and will also have to return rent to eight tenants. The landlord and managing agent of a property in North London have been fined nearly £22,000 between them for operating it as an unlicensed HMO at which inspectors found tenants living in Dickensian conditions. Both Kuppusami Selvarajan and his...
Angry landlord chucks council safety inspector down the stairs in bid to thwart property inspection
13 Jun 2019 He also grabbed him in a bear hug. A landlord in Lincoln grabbed a council worker and pushed him down the stairs in a bid to stop him inspecting his property, a court heard. Brian Goodwin was unhappy after two City of Lincoln Council private housing officers called to carry out a safety inspection on the home he owns in Union Road in July 2018. The two workers were doing the checks...
Somerset Council warns Landlords could be hit with financial penalties of up to £30,000
9 MAR 2019 North Somerset council is cracking down on rogue landlords Landlords are being warned they face financial penalties of up to £30,000 if they fail to keep their rented properties in good condition. North Somerset Council bosses have issued the warning as the authority steps up its efforts to tackle poor rented accommodation in the area. Officers from the private rented sector housing...
Landlord convicted of unlawfully evicting tenant now fined for running unlicensed HMO in Telford
Feb 21, 2019 A landlord from Telford who had previously been convicted of unlawfully evicting a tenant has now been fined for running an unlicensed house in multiple occupation. In March 2017, David Beattie admitted threatening violence against a tenant in his property in Dudmaston, Hollinswood. Shropshire Magistrates Court sitting in Telford on Monday heard that Beattie, of Priorslee, was not...
£600,000 fine for damage to bat breeding site
22 Dec 2020 A major house builder has been ordered to pay what is understood to be the largest fine ever issued by a court in relation to a wildlife crime. On 8 December at Woolwich Crown Court, Bellway Homes pleaded guilty to the offence between 17 March 2018 and 17 August 2018 of damaging or destroying a breeding site or resting place for bats. The company was ordered to pay a fine of £600,000...
Fitness For Human Habitation Act 2019
The Act came into force on 20 March 2019.
It is designed to ensure that all rented accommodation is fit for human habitation and to strengthen tenants’ means of redress against the minority of landlords who do not fulfil their legal obligations to keep their properties safe.
“This Act Gives All Tenants The Power To Sue Their Landlords!”
There are no new obligations for landlords under this Act!
Contrary to popular opinion, this legislation doesn’t require landlords to comply with any new health and safety requirements! It merely requires them to ensure that they are meeting their existing responsibilities with regards to property standards and safety!
In effect, the Fitness For Human Habitation Act, amends the Landlord and Tenant Act 1985 so as to require all landlords (private and social) to ensure that their properties, including any common parts of the building, are fit for human habitation at the beginning of the tenancy and throughout.
The Act states that there is an “implied agreement” between the tenant and landlord at the beginning of the tenancy that the property will be fit for human habitation.
Landlords who do not maintain safe properties prevent the operation of an effective and competitive rental market where all landlords operate on an equal footing. The government wants to support the majority of good landlords who provide decent and well-maintained homes. And so:
This Act provides an additional means for tenants to seek redress by giving them the power to hold their landlord to account without having to rely on their local authority to do so.
The government expects standards to improve as tenants will be empowered to take action against their landlord where they fail to adequately maintain their property. This will level the playing field for the vast majority of good landlords who are already maintaining homes fit for human habitation without serious hazards, by ensuring that they are not undercut by landlords who knowingly and persistently flout their responsibilities.
If you have a claim against you – click here to get help ASAP
What are the criteria for ‘Fitness for Human Habitation’?
The courts will decide whether a property is fit for human habitation by considering the matters set out in section 10 of the Landlord and Tenant Act 1985.
These are whether:
- the building has been neglected and is in a bad condition
- the building is unstable
- there’s a serious problem with damp
- it has an unsafe layout
- there’s not enough natural light
- there’s not enough ventilation
- there is a problem with the supply of hot and cold water
- there are problems with the drainage or the lavatories
- it’s difficult to prepare and cook food or wash up
- or any of the 29 hazards set out in the Housing Health and Safety (England) Regulations 2005
It is for the courts to decide whether the dwelling is fit for human habitation.
A Housing Health and Safety Rating System (HHSRS) assessment by the Council is not necessary. However, a landlord should to carry out a private HHSRS assessment if they want to mount a defence or establish whether a serious health and safety hazard is present.
The court may also make a decision on unfitness without expert advice. For example, if there were no plumbed sanitary conveniences in the property an expert opinion would not be necessary as the property would evidently be unfit.
Get Help ASAP
If you’ve received notice of court action by your tenants under the Fitness for Human Habitation Act you need specialist help and you need it fast!
Not only are you looking at civil action in the courts, once your coincil discovers that you have a Fitness for Human Habitation found agaisnt you, you will find the is Council declaring you a Not Fit and Proper Person to be a Landlord and refusing or withdrawing licenses in a way that can destroy your business. We can find solutions for you that will save your business from ruin.
Engage immediate help from experts in Housing Act Legislation and Regulation like ourselves at Landlord Licensing and Defence.
Don’t expect that you will be able to get the action dropped. There is a very low chance of that.
However, what can be done – and we achieve this on a weekly basis – is for us, as your representative, to negotiate an out of court settlement. We can do this because we know the legislation and we know from experience HOW to negotiate.
And remember, our discussions with the tenants representative do not incriminate you. If you think you can negotiate with them yourself you are totally wrong. Because everything you say can and will be used against you in evidence.
Don’t delay – contact us immediately for the help you need. Time is absolutely of the essence.
Click here to get help ASAP
Get In Touch Today!
Success Stories
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...
Epsom Emergency Licence Application
It was 30th September 2018 at 4pm. This is highly significant because it was just 8 hours before new HMO licensing deadline of 1st October 2018. If an HMO application was not properly lodged by that deadline, significant Civil Penalty fines could apply. While the team was doing a HMO licence application on another property for this Landlord, he suddenly had the realisation that a house he was...
Breaches of planning, overcrowding and licensing: all sorted with no casualties!
21 Oct 2019 Fantastic Morning, taking back a house for a long-established client from a company who had rented it for subletting, not telling the letting agent nor the landlord. None of the employees on the agreement ever lived there, last year it was found to be overcrowded with 10 occupants on a house only supposed to have 5 occupants and they had created a self-contained unit too. Breaches of...
Kingston Prohibition Order
Defending a Prohibition Notice for both the Owner and the Subletting Landlord and replacing the subletting Landlord with a more suitable fit and proper Landlord in order to have the prohibition order withdrawn The owner is an elderly man and his daughter was dealing with the property and had let it to a subletting Company who was the Subletting (Rent to Rent) Landlord. The Owner and Subletting...
Battle of Hastings: Upper Tribunal Decision underlines end of Magic Money Tree for Rogue Tenants and their No Win/NoFee allies
17 Mar 2021 In a landmark decision, the Upper Tribunal (Lands) has confirmed that the judgement of the First Tier Tribunal that “Rent Arrears must be accounted for BEFORE rent is eligible to be reclaimed under a Rent Repayment Order (RRO).” This Judgement of the First-Tier Tribunal (in a case defended by Des Taylor of Landlord Licensing & Defence), and now upheld by the Upper Tribunal,...
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...
Letting agent gives illegal HMO advice
16 May 2019 PLEASE SHARE WIDELY Des Taylor here. I’ve just been working with a letting agent for a client and found the letting agent had a clear misunderstanding of what constitutes a HMO (House in Multiple Occupation). HMO is formed "when two or more households* occupy a dwelling and the number of occupants is three or more, then a House in Multiple Occupation (HMO) is formed. *...
20 Properties. No selective Licences.
A Landlord in the North West had been very ill and hadn’t been able to deal with the requirements of a Selective Licencing scheme introduced by his Local Authority and which affected 20 properties in his portfolio. The deadline was looming and he was unable to take action. We negotiated an extension of the deadline because of his illness and the fact that he had now appointed us to organise and...
West London Company Let
The client was renting the residential property to a Company who help vulnerable young adults and was trying to ascertain if the property needed a licence. His tenant was a corporate company which was providing an immigrant orientation service and also providing their living accommodation. On contacting us he had attempted to connect with the local Council a number of times to no response. ...
Brentford Developer
A property developer had decided to change a three-bed semi-detached house into a 6 bedroom all en-suite HMO. Initially we inspected the property at purchase and contributed to best practice and design aspects to comply with planning use under permitted development and HMO Licensing. As an expense saver and ongoing economy we suggested the removal of gas at the property and use of...
Newark and Sherwood
Prepared contractual agreement for the lease of residential property to be used for serviced accommodation. Defending landlord against Planning Contravention Notice issued by the Council for alleged change of use from C3 to Sui Generis without permission. Defended landlord against council allegation that Building Regulations had been contravened. Defended landlord against Environmental Health...
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...
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...
Fire Alarm Manufacturer tells engineer to put tenants lives at risk
By Des Taylor 15 May 2019 One of Landlords Defence’s clients had an inconceivable situation yesterday with a major manufacturer of interconnected smoke and heat detector fire alarm units. Our client had found problems some days ago with the units not working properly on test and had the manufacturer sent some replacements via the post, (reassuring the client that although the faulty ones were...
Putney – An Unexpected Solution
A Landlord had purchased a property and wanted to know how to turn it into a HMO and operate it legally as serviced accommodation. It was an ex-council terraced property. Turning it into a HMO had not been an issue, however the quality of works which had been undertaken to do so was incredibly bad and would not pass regulations under any circumstances. This owner had not been paying proper...
Judge tears into Northampton Council’s Samantha Ling and her department
14 Jun 2021 In a shocking, and embarrassing for Northampton Borough Council (NBC), determination by Judge Wayte of the First Tier Tribunal property, he went so far as to suggest that the landlord should make a claim for costs against the Council. A move that is almost unheard of, such was his condemnation of Samantha Ling and her department. Ling’s department is well known as priding...
Letting Agent held to account by Landlords Defence
19 Jun 2019 11th June saw, for us, the first evidence of the Tenant Fee Ban (TFB) being misunderstood and a residential tenant being charged a £1000 holding deposit on a £1100 per calendar month rental starting 22nd June. On speaking with the tenants’ representative, consulting with the agent indirectly as a secret shopper, to confirm their misunderstanding, we engaged the tenant with the local...
