Fitness For Human Habitation

 

 

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,...

Wirral Council Extends Selective Licensing Scheme

Landlords are being warned that Wirral Council is extending its selective licensing scheme, after a family of landlords was fined more than £16,000 for failing to comply with the system. From April 2019, streets in Birkenhead, Hamilton Square and Seacombe will become subject to selective licensing, which means that all landlords with properties in these areas must apply for a licence to let...

Council Demolishes illegally occupied outbuilding. Issues £16,000 fine

25 Jun 2020 A property built without planning consent and then illegally let to a family has been knocked down by Ealing council in West London - and the owner has been sent the bill for the demolition job. Rapinder Kaur Sehajpal has been sent an invoice for £16,000 after ignoring requests to demolish it himself.  The council says the 45 square metre outbuilding had been built without...

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,...

Landlord hit with curfew, and compensation bill after unlawful eviction

07 May 2021 A landlord has been placed under an overnight curfew in her home and ordered to pay just under £7,000 in compensation and costs after pleading guilty to unlawfully evicting her lodger, in a case brought by Bristol City Council’s Rogue Landlord Unit.  The landlord, has been ordered to remain in her home between 8pm – 6am each day for the...

Landlord £300,000 property confiscated for planning breach & faces prison

26 Oct 2020 A London landlord who ignored six enforcement notices served by his local council has been ordered to pay over £300,000. Salim Mussa Patel from Southall has been made the subject of a confiscation order for £207,000, has been fined £50,000 and made to pay the council’s costs of £49,198.  Mussa Patel was given three months to pay the confiscation order or face three...

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...

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...

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...

Council takes to the sky to find rogue landlords

02 Sep 2019 A council used a plane with thermal imaging to catch unscrupulous landlords that allowed tenants to live in substandard conditions. Several people were found to be living in appalling conditions, including some residing in sheds, thanks to the aerial thermal imaging. A total of 21 such sheds were discovered and closed by Oxford City Council and 31 enforcement notices served on...

£18,000 Civil Penalty for Landlord who didn’t comply with HHSRS

12 Jan 2020 A landlord in one of the most scenic parts of Devon had been served with a £18,000 civil penalty because he failed to do work demanded by an Improvement Notice.  The landlord has not been named by South Hams council, but it says the landlord has now organised for the repairs to be carried out - which he has paid for, in addition to the penalty.  "This is fantastic news for...

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...

Council with Most Prosecutions of Agents and Landlords is Named

Camden has been revealed as the local authority with the highest number of prosecutions of agents and landlords in London. According to the Mayor of London’s rogue landlord and agent checker, launched last December to assist Londoners in securing affordable homes with the knowledge that their agent or landlord has not committed previous offences, Camden has prosecuted on 59 occasions and put 35...

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),...

BREAKING NEWS: Change to which Landlords can receive Rent Repayment Order.

Rakusen v Jepson and others appeal upheld and Upper Tribunal Decision Overturned. In what is the most important news for Landlords who find their property has been sublet unknowingly in Rent to Rent Residential to HMO situations. the Rent to Rent company will be held responsible. Following intricate calculations by Martin Rodger QC at the UTLC, these have been quashed at Appeal in the High...

BTL landlord ordered to pay £9,500 for failing to maintain property

02 Mar 2020 A buy-to-let landlord in Liverpool has been ordered to pay almost £9.500 after failing to provide acceptable living conditions for his tenant. John William Kildare was found guilty of failing to comply with an Improvement Notice after allowing his tenant to live in dangerous conditions. According to Liverpool City Council, the Hanford Avenue property, in Orrel Park, had a long list...

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...

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...

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...

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...

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...

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...

Landlord fined £177,000 for putting tenants at risk

A neglectful landlord, who allowed his tenants to occupy a property without working smoke alarms, a lack of sufficient fire doors and an external escape route that was in a poor state of repair, even after repeated warnings from the local council, has been fined £177,000 for serious breaches of fire safety regulations. Philip Anthony Brotherton, the owner of Cresctcourt Properties Ltd, accepted...

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...

“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 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...

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...

Ministers insist work of courts and tribunals must continue during fresh lockdown

11 Jan 2021 Landlord Licensing and Defence has confirmed that it remains open for casework defending landlords against councils and representing them at the First Tier Tribunal (Property Chamber) as councils  ramp up their assault on issuing Civil Penalty Fines to landlords as their major revenue generation stream.  This announcement follows the Lord Chancellor stating that the vital...

Landlord hit with £180,000 penalty: how to avoid a buy-to-let fine

Birmingham court hands down record-breaking buy-to-let penalty A rogue landlord has been ordered to pay more than £180,000 in fines after tenants were left living in unsafe and unacceptable conditions at four properties. Leila Amjadi, the head of Vertu Capital Ltd, was found guilty of 35 offences relating to fire safety violations and poor maintenance, and was handed a record-breaking fine by a...

Fine of up to £30,000 for failing to comply as Slough introduces 3 person HMO and Selective Licensing

06 Jun 2019 Slough Borough Council approved the implementation of two discretionary licensing schemes for residential property in Slough. Therefore from 1 July 2019 there will be three property licensing schemes in operation in Slough: Additional licensing for all HMOs (not covered by mandatory scheme, i.e. smaller HMOs)Selective licensing of all privately rented property covering most of...

‘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...

Rent Repayment Order £8,975 against Landlord who failed to have Selective Licence

March 2016, Case summary by Phil Turtle Landlord Licensing and Defence By ignoring Selective Licensing, this landlord lost £13,000 and gained a criminal record. Local Authority, the London Borough of Newham (LA), applied for and won a Rent Repayment Order against Ms P. relating to a property in Malvern Road, East Ham, London E6. The Local Authority has introduced a Selective Licensing scheme...

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...

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...

Landlord fined £15,000 for failing to comply with Improvement Notice

25 Nov 2021 Harrogate Borough Council has announced another win against a landlord. Landlord Mr Stephen A received a penalty of £15,000 for failing to comply with an improvement notice requiring works at a property on Providence Terrace, Harrogate. Trevor Watson, Harrogate Borough Council’s director of economy, environment and housing, said: “This is an important reminder for landlords that as...

Enfield Council persecutes private landlords while leaving Council Tenant in “mouldy, mouse-infested” accommodation for three years

05 Oct 2020 Of course if a private landlord had left a disabled tenant and his whole family in "mouldy, mouse-infested” accommodation for three years, any council in the land would have thrown the book at them and issued Civil Penalty Fines in the multiple £10,000s.   In yet another case proving that two-faced Councils actually care very...

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...

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...

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...

London landlord gets eye-watering £450,000 fine

Beds in Sheds: Samina Nadeem, of Malborough Road, Southall who had refused to demolish her “beds in sheds” after repeated warnings from the council, now faces a record fine of nearly £450,000 or 4 years in prison. An Ealing councillor described Nadeem as “obstructive and aggressive” and housing her tenants in “Dickensian” conditions. Nadeem had had repeated warnings from the council but still...

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...

Yet another landlord gets £14,000 fine for not having HMO licence

17 Dec 2020 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...

Repayment and banning orders may be applied to landlord

06 Dec 2019 A council says it is considering seeking a banning order and a rent repayment order against a landlord already fined over £150,000. The landlord’s offences included failing to rectify safety hazards in a property to let. Latif Rehman of Birmingham, was fined a total of £151,070 by Wolverhampton Magistrates Court for three breaches of an Emergency Prohibition Order served in relation...

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 £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...

Conviction of rogue landlord upheld

01 Jul 2021 The conviction of a rogue Dudley landlord who failed to rectify safety hazards in a property he let has been upheld. In November 2019 Latif Rehman, of Bank Street, Brierley Hill was fined a total of £151,070 by Wolverhampton Magistrates Court for three breaches of an Emergency Prohibition Order served in relation to a house of multiple occupation in Cole Street, Netherton. Rehman...

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...

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...

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....

Ex-professional footballer scores own goal as landlord of unlicensed properties

21 Oct 2019 Once again the Council prosecutes purely for lack of licences. There is no mention in the following story of the landlord providing substandard accommodation. Decent (but unlicensed) landlords beware and contact Landlord Licensing and Defence if you are in this situation before this happens to you. A landlord has been fined over £25,000 after admitting 12 licensing offences. Former...

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!

  • (tick all that apply)
  • (tick all that apply)
  • Hidden
  • This field is for validation purposes and should be left unchanged.

Success Stories

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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,...

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...

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. *...

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. ...

Let’s Get Started

Contact us NOW for a 20 minute consultancy call

Subscribe to receiveall the latest updates on regulation and legislation

Join our newsletter & mailing list to receive the latest news and updates from our experts.

You have Successfully Subscribed!