Housing Act 2004 Section 249A and Schedule 13A  Financial Penalties

New figures reveal thousands of tenants are at risk of death in their properties

New figures reveal thousands of tenants are at risk of death in their properties Shocking stats emerged after two men died in a four-bedroom Edgware home They were living with at least five others in the ramshackle unlicensed property Nearly three quarters of a million people are living in dirty or unsafe homes and thousands of lives are at risk because of rogue landlords, new figures reveal....

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...

Landlord gets £200k fine for planning offence, proceeds of crime and confiscation order

11 Mar 2021 A landlord who illegally turned a London property into 13 flats has been hit by nearly £200,000 in fines, costs and a confiscation order. Inanc Elitok pleaded guilty to ignoring two previous notices at a hearing at Snaresbrook Crown Court, in a case brought by Waltham Forest council. Clyde Loakes, the council deputy leader, says: “Even after being given two enforcement notices for...

Issuing 2,500 Civil and legal Landlord Penalty Notices puts £7/month on every Liverpool Rent

Overall, 70 per cent of inspected properties in Liverpool have been found to be in breach of their licence condition claims Liverpool City Council since their now defunct selective licensing scheme was launched in 2015, uncovering, say the council, serious hazards such as fire risks, poor electrics and excess cold. Liverpool City Council has carried out over 37,000 compliance actions, issued...

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...

Landlords prosecuted after flouting licensing laws in Gainsborough

Three landlords have been prosecuted for licensing offences in Gainsborough. Collectively the landlords, who all live outside of the West Lindsey area, were ordered to pay fines, costs and victim surcharges totalling more than £6,000. They all pleaded guilty to selective licensing offences during a hearing Lincoln Magistrates Court on June 4. Coun Sheila Bibb, chairman of the prosperous...

Record fine for unregistered HMO landlord as two landlords prosecuted

Two Brighton & Hove landlords of shared houses have been prosecuted for failing to license their properties as Houses in Multiple Occupation (HMOs) with one facing an unprecedented £20,000 fine. Both were prosecuted under the Housing Act 2004 at Eastbourne Magistrates Court. Neither defendant appeared at the hearing this week and neither was represented. Sarah Jordan, who is the landlord of...

It’s Rubbish being a Landlord: 40 Landlords Prosecuted by One Council for Tenants’ Mess

18 Feb 2021 A landlord’s firm has been fined after waste accumulated in the rear yard of a tenanted property. Elahi Properties of Blackburn was ordered to pay £1,259 by a court, comprised of a £750 court fine and £500 costs. The firm was summonsed to appear in court earlier this month after ignoring repeated calls from the local council to take action.  In the past year, 40 waste...

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...

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...

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...

Landlords: Protect Yourself against 10 Million New Housing Inspectors

Seminar: What EVERY Landlord needs to know about avoiding massive fines and 'ambulance chasers'. Full day in-depth seminar. Thursday, 5 September '19   12pm - 6pm London SW1 Book tickets here On 20th March this year the Government appointed 10 MILLION new housing inspectors. They are not employed. They are on commission for getting Landlords sued. Which means they are highly...

Fire risk assessor prosecuted brings serous doubt to DIY Fire Risk Assessments

09 Sep 2019 South Yorkshire Fire & Rescue has welcomed the prosecution of a fire risk assessor, saying it proves that there are consequences for failing to comply with safety laws. David Thompson of Toftwood Health & Safety Solutions was fined £750 and ordered to pay a £170 surcharge and £1,000 costs at Sheffield Magistrates Court on Friday (23 August) for failing to provide a suitable...

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

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

Landlords fined £3,800 in council’s first rented homes licensing prosecution

A council’s first prosecution over HMO licenses cost two landlords nearly £4,000. Appearing at Worcester Magistrates Court, Bing Wang and Yan Shao, were both convicted of renting out an unlicensed HMO to students when the property did not meet key safety standards. Wang and Shao were ordered to pay over £3,800 in fines and costs. The case was the first prosecution brought by Worcester City...

Landlady fined £18k over unauthorised shared house

19 Oct 2020 A landlady has been landed with a court bill of more than £18,000 for continuing to rent out a student house after being denied planning permission. Shirley White, of Southgate, London, applied for planning permission to turn 41 Bevendean Crescent, Brighton, into a house in multiple occupation (HMO) in September 2017. Permission was refused because there were already more than the...

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...

Tribunal upholds civil penalty notice and £8,852 fine on landlord

20 Nov 2020 A £4,550 fine, one of several imposed by the council,  has been upheld after an appeal by the landlord was rejected by a property tribunal. Fenland council served five civil penalty notices on the landlord totalling £8852 earlier this year for failing to rectify safety hazards at the block of flats he owned. The landlord appealed one of the penalty notices relating to...

HMO landlord hit with £40k fine

04 Oct 2019 City of Lincoln Council has taken action against a House in Multiple Occupation (HMO) landlord in Lincoln for failing to comply with a number of safety breaches under the Housing Act 2004. Julie Churchill who was responsible for an unlicensed HMO at 135 Monks Road, LN2, has been fined £40,000 for letting out a dangerous HMO that was also unlicensed. Lincoln Magistrates Court heard...

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...

Agents & Landlords urged to beware council crackdown and heavy fines

07 May 2021 A crackdown is now underway withTrading Standards divisions now taking an even stricter approach to enforcement of compliance obligations. This is yet another assault on the wallets of letting agents and landlords in addition to ever increasing compliance enforcement by the growing army of council housing revenue generation police (aka Housing Enforcement Officers).Three recent cases...

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...

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...

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 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...

Three rogue lettings agents expelled by The Property Ombudsman

24 Oct 2019 The Property Ombudsman has expelled three lettings agencies from its scheme because of unpaid awards to landlord clients. The first is Kingsman Property Limited (trading as Kingsman Property) in Essex, which owes a landlord £14,921.23. A landlord made a complaint to The Property Ombudsman after claiming that the agent failed to pass on rent owed to him, which had been paid by the...

Firm fined £18,000 for allowing Bristol knotweed ‘forest’ to grow so high it could be seen from space

The invasive plant was allowed to spread for 10 years and was blocking light from neighbouring homes. Bristol City Council prosecuted the landlord MB Estate Limited on behalf of seven residents using anti-social behaviour laws. It is thought to be the first prosecution of its type. Amie King moved into a £400,000 property in Ash Road, in the trendy Horfield area of the city, in 2007 and soon...

Landlord found guilty of unlawful harassment and misleading practices

A rogue landlord in Gainsborough will be sentenced later this month after being found guilty of unlawful harassment towards his tenants and pursuing misleading and aggressive practices. Ragoopathy Naidu, 64, ordered his tenants to move out of their property inside an hour, in breach of their tenancy agreement.  The charges were brought by Lincolnshire Trading Standards and West Lindsey...

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 fined for failure to comply

21 Jan 2020 A buy-to-let landlord has been ordered to pay more than £2,000 after ignoring several requests to carry out important repairs to a property in Bridlington, Yorkshire.  David Christlow, of Prospect Street in Bridlington, was fined a total of £2,000, and ordered to pay a victim surcharge of £170 and full costs of £2,282.93 after pleading guilty at Beverley Magistrates’ Court to...

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...

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...

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...

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...

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

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

Landlord 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...

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...

Landlord Fined £2000 for substandard property

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

Bristol landlord £5000 Rent Repayment Order

24 Jun 2020 Two Bristol landlords have been ordered to repay nearly £5,000 following investigations by the council’s so called rogue landlord unit. One, Lucy Sherry, was found to have breached the Protection from Eviction Act 1977.  She was found to have harassed her tenants, and did so with reasonable cause to believe that her conduct would lead to the tenants giving up occupation of the...

Just Move Estates fined £10k for failing to install smoke alarms in rented house in Leyton

Just Move Estates in Hoe Street, Walthamstow, had claimed that tenants removed three smoke alarms from the house on Melford Road, Leyton, but upon inspection, council officers found no evidence they were ever installed. They were fined by Waltham Forest Council, using powers from the Housing & Planning Act. The council issued a civil penalty against Just Move Estates, which the company...

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...

Court puts Charge on Landlord’s Property for £37,000 unpaid Civil Penalty

12 Dec 2019 An unlicensed landlord who let out rooms with dangerous electrics and refused to pay a civil fine, has been told he must pay the fine before he can sell the property. Slough council took a civil case against the landlord due to the dangerous standard of living conditions in the Home of Multiple Occupancy. A £37,000 penalty charge notice was issued in June this year due to a breach of...

Yet another landlord fined massively for unlicensed property

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

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 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...

Council adopts ‘zero-tolerance approach’ to rogue landlords

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

Crackdown on unlicensed HMOs in Islington leads to five housing prosecutions

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

Landlord fined for operating illegally

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

Landlord fined £35,000 for selective licence breaches

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

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...

Housing Act 2004 Section 249A and Schedule 13A

If you’ve just searched for this term, then the chances are very high that you’ve received a letter from your Council’s Housing Enforcement Officer similar to the ones in the photo.

It means that your Council Housing department have already decided that you are guilty without trial of Criminal Acts in relation to The Housing Act 2004 and related Regulations. Often they do not have enough evidence. But most landlords don’t understand the danger they are in and happily give the Council more and more evidence with which to prosecute them.

**Do not attempt to discuss your letter on notice with anyone at the Council before you take professional advice.**

Why?

Because, just like the police when suspecting someone of a serious crime, their only interest now is to get you to self-incriminate so that they can substantiate their “Guilty” decision and can then proceed to extract many £1,000s from you by way of Civil Financial Penalty Fines or take you to Criminal Court.

You would not phone up the police for a bit of a chat to explain why you thought it was ok to drive at 105 miles per hour. You would not dream of giving them all the evidence thy need to prosecute you without having professional representation.  In exactly the same way, to avoid giving the Council all the evidence they need to prosecute or fine you.

And we hate to say it, but you probably are guilty. It is extremely easy to be guilty of offences under the Housing Act(s). 

Click here to get help ASAP

Failure to apply for an HMO or Selective Licence

Many councils’ favourite ‘crime’ is that of failing to apply for an HMO or Selective Licence.

They will raid a house that they think *might* be a licensable HMO of 5 persons under that Mandatory HMO Licensing legislation (or 3 if they have an Additional Licensing Scheme in operation) and they only have to suspect there could be a fifth person living there that you’re probably not even aware of.

Quite often it’s just a visiting girl or boyfriend – but that’s enough for them to throw the book at you.

And throwing the book at you is exactly what they will do because they will set out to find you in breach of ALL of these ‘relevant housing offences’ under Section 249A:

Many councils’ favourite ‘crime’ is that of failing to apply for an HMO or Selective Licence. They will raid a house that they think *might* be a licensable HMO of 5 persons under that Mandatory HMO Licensing legislation (or 3 if they have an Additional Licensing Scheme in operation) and they only have to *suspect* there could be a fifth person living there that you’re probably not even aware of. Quite often it’s just a visiting girl or boyfriend – but that’s enough for them to throw the book at you.

And throwing the book at you is exactly what they will do because they will set out to find you in breach of ALL of these ‘relevant housing offences’ under Section 249A:

  • Housing Act 2004 Section 30 – failure to comply with an improvement notice
  • Housing Act 2004 Section 72 – failure to licence an HMO
  • Housing Act 2004 Section 95 – failure to licence a house under Part 3 of the Housing Act 2004 (i.e. failure to apply for a Selective Licence)
  • Housing Act 2004 Section 139(7) – failure to comply with an overcrowding notice
  • Housing Act 2004 Section 237 – failure under the Management of Houses in Multiple Occupation Regulations (England) 2006 including (and they usually create a separate Civil Penalty for each of these that they can get you on):
    • Regulation 3 – failure to display the managers full details prominently in the HMO
    • Regulation 4 – failure of the manager to take safety measures
    • Regulation 5 – failure of the manager to maintain water supply and drainage
    • Regulation 6 – failure of the manager to supply and maintain gas and electricity
    • Regulation 7 – failure of the manager to maintain the common parts, fixtures fittings and appliances
    • Regulation 8 – failure of the manager to maintain living accommodation
    • Regulation 9 – failure to provide (adequate) waste disposal facilities

Usually by the time they have totted up all this lot, a Landlord of a single house can be staring £20,000 to £50,000 of Civil Penalty Fines in the face.

Click here to get help ASAP

Not Fit and Proper Person

 

 

But that is not all. The chances are very high that they will continue after issuing this letter to declare you to be a Not Fit and Proper Person to hold a licence – they will do this by refusing to grant a licence for your property in your name. If you have other licenced properties they will often issue a Notice to Revoke licences.

 

Councils can completely destroy your business.

 

And just for good measure, many councils’ not only make your tenants aware that they can reclaim up to 12 months’ rent from you because you didn’t have a licence when you should have had one. Many Councils even help tenants to fill in the forms.

 

Click here to get help ASAP

PACE inverview under caution

If you see ‘helpful’ words in the letter like

“If you would like a meeting to discuss the proposed financial penalty before making your representations,
then please contact the xxxxx team so arrangements can be made to meet at the Town/City Hall”

Do NOT make any such arrangements. This is a trick to get you to attend a PACE (Police And Criminal Evidence ACT) interview under caution.

The sole purpose of which is to trick you into self-incrimination 

Click here to get help ASAP

 Get Help ASAP

If you’ve received one of these Housing Act Section 249A and Schedule 13A: Financial Penalties letters you need to act fast because you have very little time before the fines are imposed.

 Click here to get help ASAP

Engage immediate help from experts in Housing Act Legislation and Regulation like ourselves at Landlord Licensing and Defence.

Don’t think that you will be able to get these fines dropped. There is a very low chance of that. As we said above, it’s very easy for a council enforcement officer to find you guilty and you are Guilty until Proven Innocent.

However, what can be done – and we achieve this on a weekly basis – is for us as your representative to negotiate the level of fines with your council. We can do this because we know the legislation and we know from experience HOW to negotiate.

And remember our discussions with the Council 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.

If the is Council declaring you a Not Fit and Proper Person and refusing or withdrawing license we can find solutions that the council will accept  that can save your business from ruin.

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 if you have had a PACE or Interview Under Caution ‘invitation’…

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Success Stories

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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.

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The Legal Stuff

 

 

Housing Act 2004 Section 249A Financial penalties for certain housing offences in England

(1) The local housing authority may impose a financial penalty on a person if satisfied, beyond reasonable doubt, that the person’s conduct amounts to a relevant housing offence in respect of premises in England.

(2) In this section “relevant housing offence” means an offence under—

(a) section 30 (failure to comply with improvement notice),

(b) section 72 (licensing of HMOs),

(c) section 95 (licensing of houses under Part 3),

(d) section 139(7) (failure to comply with overcrowding notice), or

(e) section 234 (management regulations in respect of HMOs).

(3) Only one financial penalty under this section may be imposed on a person in respect of the same conduct.

(4) The amount of a financial penalty imposed under this section is to be determined by the local housing authority, but must not be more than £30,000.

(5) The local housing authority may not impose a financial penalty in respect of any conduct amounting to a relevant housing offence if—

(a) the person has been convicted of the offence in respect of that conduct, or

(b) criminal proceedings for the offence have been instituted against the person in respect of the conduct and the proceedings have not been concluded.

(6) Schedule 13A deals with—

(a) the procedure for imposing financial penalties,

(b) appeals against financial penalties,

(c) enforcement of financial penalties, and

(d) guidance in respect of financial penalties.

(7) The Secretary of State may by regulations make provision about how local housing authorities are to deal with financial penalties recovered.

(8) The Secretary of State may by regulations amend the amount specified in subsection (4) to reflect changes in the value of money.

(9) For the purposes of this section a person’s conduct includes a failure to act.

 

Housing Act 2004 Schedule 13A Financial penalties under section 249A

Notice of intent

1 Before imposing a financial penalty on a person under section 249A the local housing authority must give the person notice of the authority’s proposal to do so (a “notice of intent”).

2(1) The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has sufficient evidence of the conduct to which the financial penalty relates.

2(2) But if the person is continuing to engage in the conduct on that day, and the conduct continues beyond the end of that day, the notice of intent may be given—

(a) at any time when the conduct is continuing, or

(b) within the period of 6 months beginning with the last day on which the conduct occurs.

2(3) For the purposes of this paragraph a person’s conduct includes a failure to act.

3 The notice of intent must set out—

(a) the amount of the proposed financial penalty,

(b) the reasons for proposing to impose the financial penalty, and

(c) information about the right to make representations under paragraph 4.

Right to make representations

4(1) A person who is given a notice of intent may make written representations to the local housing authority about the proposal to impose a financial penalty.

4(2) Any representations must be made within the period of 28 days beginning with the day after that on which the notice was given (“the period for representations”). 

Final notice

5 After the end of the period for representations the local housing authority must—

(a) decide whether to impose a financial penalty on the person, and

(b) if it decides to impose a financial penalty, decide the amount of the penalty.

6 If the authority decides to impose a financial penalty on the person, it must give the person a notice (a “final notice”) imposing that penalty.

7 The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given.

8 The final notice must set out—

(a) the amount of the financial penalty,

(b) the reasons for imposing the penalty,

(c) information about how to pay the penalty,

(d) the period for payment of the penalty,

(e) information about rights of appeal, and

(f) the consequences of failure to comply with the notice.

Withdrawal or amendment of notice

9(1) A local housing authority may at any time—

(a) withdraw a notice of intent or final notice, or

(b) reduce the amount specified in a notice of intent or final notice.

9(2) The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given. 

Appeals

10(1) A person to whom a final notice is given may appeal to the First-tier Tribunal against—

(a) the decision to impose the penalty, or

(b) the amount of the penalty.

10(2) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn.

10(3) An appeal under this paragraph—

(a) is to be a re-hearing of the local housing authority’s decision, but

(b) may be determined having regard to matters of which the authority was unaware.

10(4) On an appeal under this paragraph the First-tier Tribunal may confirm, vary or cancel the final notice.

10(5) The final notice may not be varied under sub-paragraph (4) so as to make it impose a financial penalty of more than the local housing authority could have imposed.

Recovery of financial penalty

11(1) This paragraph applies if a person fails to pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable to pay.

11(2) The local housing authority which imposed the financial penalty may recover the penalty or part on the order of the county court as if it were payable under an order of that court.

11(3) In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is—

(a) signed by the chief finance officer of the local housing authority which imposed the penalty, and

(b) states that the amount due has not been received by a date specified in the certificate,

is conclusive evidence of that fact.

11(4) A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved.

11(5) In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989.

Guidance

12 A local housing authority must have regard to any guidance given by the Secretary of State about the exercise of its functions under this Schedule or section 249A.

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