Fitness For Human Habitation

 

 

Harrow rogue landlord’s nightmare flat left tenants at ‘imminent risk of death’

2 May 2019 The building was cold, filthy, structurally unsound and a firetrap with gaps on the stairs and no washbasin. A Harrow landlord rented out such a disgusting home that his nine tenants were at "imminent risk of death". The problems at the Harrow home began with a dangerous bed bug infestation, but conditions were revealed to be so bad, that even after an £11,000 fine in the courts,...

Councils teaching tenants how to reclaim rent from landlords

03 Mar 2021 A London council is running what it describes as “an innovative project” to help private tenants reclaim rent from landlords who fall foul of licensing rules.  London Borough of Tower Hamlets council claims that over £200,000 has been reclaimed for tenants under the Rent Repayment Order project, which holds landlords to account if they fail to obtain the correct property licence...

Landlord fined for keeping tenant’s deposit in a tin

15 Oct 2020 A landlord has been ordered to pay his ex-tenant £1,500 after failing to protect her deposit with an approved scheme. The Housing and Property Chamber First-tier tribunal for Scotland found that Mark Bradley of Gourock had not protected his tenant’s deposit for five and a half years, when he should have protected it within 30 working days of the start of the tenancy. In April 2014,...

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...

Co-operative HMO Landlord has fine reduced to £2,000 as Birmingham starts Civil Penalty Regime

30 Aug 2019 A landlord has been hit with a £2,000 penalty for fire safety breaches at a two-storey property housing nine people in a landmark case for Birmingham City Council. Officers visited the house in multiple occupation (HMO) in Small Heath in November and found there to be no interlinked fire alarm, fire doors or fire blanket, and a lack of fire separation in the building. The council...

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...

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...

Property manager hit with £10,500 fine for unlicensed HMO

Property manager hit with £10,500 fine for unlicensed HMO A company and the manager of a house of multiple occupation (HMO) in South Hampstead, north-west London, have been hit with a hefty fine following legal proceedings brought by the Camden Council. Manager of the property, Benjamin George Wilson, aged 40 from Barnet, having earlier pleaded guilty to operating an HMO without an HMO licence,...

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...

£140,000 in fines for buy to let couple failing to maintain properties

29 Aug 2019 A husband and wife pair of buy to let investors have been prosecuted after letting out a property that contained serious hazards and defects. Hamedur Choudhury and his wife Roshon let out two flats and staff accommodation above a restaurant in East Grinstead. Environmental health officers from Mid Sussex council inspected the property 18 months ago and discovered serious issues...

Reading Borough Council fine landlord £66k for failing to meet fire safety requirements

13 Jan 2021 A LANDLORD has been slapped with a £66,000 fine over 'serious' safety breaches including plug sockets next to the shower, and repairs that risked residents being trapped in a fire. In a record attempt by Reading Borough Council (RBC) to clamp down on landlords of HMOs (Houses of Multiple Occupation) failing to reach required standards, it is hoped that last month's prosecution will...

Special Offer £71,600 – Rogue Landlord Special

A new case just in. A new slant on property investment: Here we have a landlord with a 6 Bed HMO in the Northern Home Counties.  This case is a cookie-cutter duplicate based on a pattern we are seeing on a week in, week out, basis. It starts with a Council realising that there is a property on their patch which might be an unlicensed HMO. They then go into overdrive. The format is usually a...

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...

Speed cameras being used by Councils to create revenue new report – just like property licensing & Landlord Fines

16 Jul 2020 In a report by the Inspectorate of Police and Fire Services they accuse Safety Camera Partnerships (dominated by local authorities) of being cynical and putting cameras to generate revenue and not to save lives. What landlords need to know is that this is exactly what Local Authorities are doing in the housing sector with Licensing and...

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...

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...

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...

Success! We bat 5 over zealous council court summonses into the long grass – defending older landlord

20 Nov 2020 A LONG READ – Well Worth it. Especially if you were born between 1950 and 1980 and, you are a LANDLORD. A client Of Landlord Licensing & Defence who has lived in abject terror for months due to bullying and ridiculous Local Council action had a Happy Outcome at Court today! Terrified by Council Enforcement; a client who had been summoned to court by an overly aggressive local...

£66,000 fine for landlord letting out HMO with safety failings

15 Jan 2021 A landlord has been hit with what a local authority calls a record £66,000 fine after being found guilty of letting an HMO that was dangerous to tenants. Reading council prosecuted Mohammed Naseer Zamir, following its housing team’s findings at the property in the town between October 2019 and February 2020.  Zamir claimed the property consisted of two self-contained flats,...

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...

Leading council has so far fined rogue agents and landlords £100,000

Brent Council is one London's key boroughs leading the charge against poor housing standards. Brent Council, which says it has fined agents and landlords £100,000 since introducing civil penalties last year, revealed it had collected £63,500 of the fines levied and is waiting to collect the remainder under its 49-day payment rules. “When we start the process of issuing a Civil Penalty Notice...

Coventry Landlord £180,000 Proceeds of Crime fine is just deserts

04 Aug 2020 Arrogant Maria Protheroe was paid income support payments after claiming she had no income – despite renting out a portfolio of properties the length of the country. The scheming property owner also lied to obtain mortgages to buy yet more houses – and then claimed to live in two of the properties to avoid Capital Gains Tax when she sold them. Despite her dishonest dealings making...

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...

Landlord fined £340,000 in 2017 is now fined another £150,000

02 Dec 2019 A rogue landlord has been fined more than £150,000 after failing to rectify safety hazards in a property he let. Two years ago Rehman was ordered to pay in excess of £340,000 after illegally converting houses into bedsits. A rogue landlord has been fined more than £150,000 after failing to rectify safety hazards in a property he let. Latif Rehman of Birmingham was fined a total of...

Whopping fine should ‘serve as a warning to any other rogue landlords’

Whopping fine should ‘serve as a warning to any other rogue landlords’ A rogue landlord in Newmarket who exposed tenants to ‘significant risk’ has been ordered to pay almost £33,000 after being found guilty in court. Russell Wayne Price, 50, of Lisburn Road, Newmarket, was found guilty of 15 charges following prosecution by Forest Heath District Council. Some 13 charges, which related to two...

£30,000 fine for lack of safe fire escape route – as resident hangs off guttering to save his life

A resident was found standing on a windowsill hanging from guttering and had to be rescued by firefighters. This was because he was unable to access any emergency escape route during the fire due to inadequate fire precautions. These were problems that would have been identified if the management company had undertaken a Fire Risk Assessment. Management company Harper Stone Properties Ltd has...

Brighton landlord prosecuted for unlicensed HMO

Brighton & Hove City Council’s planning enforcement team has prosecuted a landlord for letting a Brighton home as a house in multiple occupation (HMO) without a licence, in the first successful prosecution by the council regarding an unauthorised conversion of a house into a small HMO. James Trevor Ford of Maidstone Road, Horsmonden in Kent had made no attempt to secure permission for the...

‘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...

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 ordered to pay £14,500 for unlicensed HMO

29 Jul 19 A buy-to-let landlord has been ordered to pay £14,500 for illegally renting out an overcrowded House in Multiple Occupation (HMO) without a licence in Evesham, Worcestershire. The landlord was issued with four civil penalty notices by Wychavon District Council after officers found 11 people occupying the property. It is the first time Wychavon, which did not name the landlord, has used...

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 get £13,850 in fines for no HMO licence

19 Jan 2021 A landlord has been fined £10,000 by her local council for failing to licence a HMO. Tracey Davies of Bath was found guilty in her absence when the case came before magistrates in the city. The local authority - which says it was “acting on information received that the property was likely to be operating as an illegal HMO” - was inspected back in February of last year.  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...

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...

Essex ‘Accidental Landlord’ stung with £3,500 rent repayment order

05 Dec 2019 Assisted by a no-win, no-fee organisation the tenant, a former acquaintance of the landlord’s daughter – to whom the accidental landlord had let the property on reduced rent-terms as a favour because of their acquaintanceship as teachers who worked together. In his finding regarding the property in Chadwell Heath, Romford, Judge Nichols of the First Tier Tribunal (property chamber)...

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...

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,...

Mould in Northwich flat leaves landlord with £2,500 fine

A LANDLORD has been fined almost £2,500 after a Northwich flat tenant complained of excessive mould and a front door they could not close. Nicholas Ian Shaw, 47 and from Norbury's Yard, Knutsford, was convicted at Chester Magistrates Court on Thursday, August 9, after failing to comply with an improvement notice. Mr Shaw had rented out a Victorian terrace flat in Huxley Street to a young family...

Landlord hit with huge fine after council uncovers astonishing web of lies

10 May 2019 A rogue landlady has been hit with a fine of £24,000 after conning her tenants and the local authorities with a complex web of lies. Diana Thompson was taken to task by Brent Council and prosecuted for failure to licence a House in Multiple Occupation (HMO) and failure to comply with fire safety regulations. Thompson convinced tenants living in her unlicensed, detached two-storey HMO...

Two Staffordshire landlords fines for health and safety breaches

11 Jun 2019 Two landlords in Staffordshire have been ordered to pay more £5,000 after allowing their tenants to live in poor conditions Brian Kite was fined £256 and ordered to also pay £2,378 in costs and a victim surcharge of £30, while Beryl Kite was fined £207 and ordered to also pay £2,378.88 in costs and a victim surcharge of £30 – a total of £5,279.88, after pleading guilty at North...

Bristol housing charity tops list of UK’s most-prosecuted landlords

Charity set up to house homeless among landlords convicted of making money from substandard properties but still letting homes to tenants, research finds A Bristol-based charity that receives thousands of pounds in housing benefit to accommodate vulnerable people has topped a list of the UK’s most-prosecuted landlords compiled. Alternative Housing, which was established to provide accommodation...

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,...

Tenant dies in HMO fire – landlord gets 4 months plus fines, Fire Safety Order

28 Oct 2020 A landlord has been prosecuted following the death of a tenant in a house fire at an HMO said to have had inadequate fire safety precautions. The case was brought by Luton council, working with Bedfordshire Police and Bedfordshire Fire and Rescue Service, against landlord Bhagwent Sagoo.  The fire broke out at the property on March 27 2019 originating in the first floor...

£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...

£10,000 Civil Penalty Fine – Landlord loses appeal

29 Nov 2019 The First Tier Property Tribunal has thrown out an appeal by Islington Landlord Iqbal Ahmad. The property, a flat in Holloway Road London N7 was inspects as part of the licence application process and he accepted a licence with conditions pertaining to amongst other things not having adequate fire protection measures.  When the council re-inspected the property in April 2019 -...

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...

Slum landlord family must pay £250k under crime proceeds act

Harsha, Chandni and Sanjay Shah crammed 31 tenants into four-bedroom Wembley house A family of slum landlords who crammed 31 people into a suburban four-bedroom house has been ordered to pay back almost £250,000 under the Proceeds of Crime Act. The landlords were earning more than £100,000 a year from the enterprise, which involved squeezing tenants on “sleeping shifts” into rooms fitted with up...

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...

Landlord ordered to pay more than £20k

A buy-to-let landlord has been convicted of nine counts of breaching regulations for a house in multiple occupation (HMO) that he owned in Colchester and ordered to pay in excess of £20,000. Poor heating and mould in the four-bedroom property were among the issues flagged up by the disgruntled tenant as he issued a complaint to Colchester Council in December 2015. Thomas supplied portable...

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...

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

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Success Stories

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...

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...

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...

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,...

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...

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...

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...

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...

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. ...

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...

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...

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. *...

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...

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...

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...

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