Housing Act 2004 Section 72(1) Unlicensed HMO

 

 

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...

Two landlords have been fined for letting out a flat that had no heating or windows.

01 May 2019 Two buy to let investors in Chester have been ordered to pay more than £5,000 for renting out a flat without windows or any form of heating. Following our recent article reporting the Slough landlord who was hiding tenants in their rental property by boarding up the windows, two Chester landlords have been found to be renting out a buy to let property with no windows. The property is...

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

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

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...

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

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

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...

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 £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...

Rent Repayment Order £12,025 for Rent-to-Rent Flat in London SE10

15 July 2019 Case summary by Phil Turtle, Landlord Licensing and Defence. A rent-to-rent company fined £12,025 including costs by way of Rent Repayment Order in addition to £5,000 Civil Penalty Fine for failing to Licence the property which had become an HMO through sub-letting via a rent-to-rent company. The Landlord and owner of the leasehold flat (Mr E.) had let the flat through a letting...

Landlord punished over safety case

21 Jan 2013 A LANDLORD risked his own tenants' lives by allowing them to stack furniture on a staircase. He has now been prosecuted by the city council for failing to keep the fire escape of his Chorlton property clear. The council decided to take legal action after making a number of visits to Alan Selkirk's property on Oswald Road. Manchester Magistrates Court heard that between September and...

Rogue rent-to-rent landlord will face prison if he tries to rent out property again

06 Oct 2020 A landlord has failed to overturn a ban from renting out properties after repeatedly putting tenants’ lives at risk by letting unsafe housing. Balazs Stalter was prosecuted earlier this year by Wandsworth Council’s housing team following complaints received from people who had been renting accommodation from him. The rogue operator rented large properties himself and then unlawfully...

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...

Mandatory Professional Qualification to be a Landlord says Commission

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

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...

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...

Southall landlord fined £70K for HMO regulation breaches

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

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...

Huge fine for HMO owner after refusal of planning consent

09 Dec 2020 A long-running case about a house divided up and let out without planning permission has resulted in a fine of nearly £10,000 for the owner. Brighton & Hove council investigated the property back in July 2018. The owner, Shirley White, had divided up the house and was letting it out before she discovered she needed planning permission to convert the property to a house of...

£600,000 fine for damage to bat breeding site

22 Dec 2020 A major house builder has been ordered to pay what is understood to be the largest fine ever issued by a court in relation to a wildlife crime. On 8 December at Woolwich Crown Court, Bellway Homes pleaded guilty to the offence between 17 March 2018 and 17 August 2018 of damaging or destroying a breeding site or resting place for bats. The company was ordered to pay a fine of £600,000...

Landlord jailed for illegally converted flats

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

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...

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...

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...

£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 £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,...

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...

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...

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...

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...

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...

£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 -...

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...

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...

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,...

£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...

Landlord without HMO licence fined £20,000

A £20,000 fine has been handed to a landlord and his managing agent for failing to secure a House of Multiple Occupation (HMO) licence for their three-storey property. After its community safety team received complaints about waste storage and nuisance behaviour, Barnet Council discovered 13 tenants living in the house, which is in Edgware. An eight-month-old baby was found living with a couple...

Landlords ordered to pay more than £6k for HMO failings

16 May 2019 A buy-to-let landlord has been ordered to pay more than £6,000 in relation to 12 charges under the Housing Act after council officers found numerous breaches of regulations at a house in multiple occupation ( HMO ) ranging from defective windows to failing to produce a gas safety certificate. Mahmut Gilgil, of Blandford Road, BH15, was convicted of a series of failings at the HMO,...

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...

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)...

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...

Rogue Hayes landlord has 3 months to pay £430k or face jail after illegal HMO

29 Nov 2019 Gurdeep Kaur crammed 15 tenants into a small three-bed home. A landlord from Hayes who pocketed more than £400,000 after illegally turning her home into a home of multiple occupation (HMO) must pay the money back or face jail. Gurdeep Kaur turned a small semi-detached three-bed family home in First Avenue into a house of multiple occupancy without permission from the council. The...

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...

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...

Worthing landlord fined £22,000 for renting out unlicensed HMO

Worthing Borough Council found five people living in dangerous conditions in the property. The flat in Heene Road, Worthing, did not have suitable fire detection, and fire doors to individual rooms had not been installed. There was also no safe fire escape route and the condition of the stairs meant that access was hazardous. As required by law, the landlord had also failed to get a licence for...

Oxford landlord convicted of repeat HMO offences

An Oxford landlord has been convicted for the second time in 12 months for operating an unlicensed House in Multiple Occupation (HMO) and ordered to pay a total of £6,146 in fines and costs. The investigation followed a fire in the house which had a faulty fire detection system. Mr Zahid Ali Rana, 58, of Boundary Brook Road, Oxford, was prosecuted after environmental health staff from Oxford...

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,...

Liverpool tries again to implement selective licensing tax

15 Dec 2020 In a cynical attempt to hide their revenue creation motive by stating: “The council makes no profit from the scheme. Every single pound we get from landlords would be ring-fenced, paying for our team [of enforcement officers] to be out on the streets every day inspecting homes, chasing disrepair and taking the strongest action against those landlords who refuse to manage and...

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...

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

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

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

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

Housing Act 2004 Section 72(1)

 If you’ve just searched for the term Housing Act 2004 Section 72(1), 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 photos.

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.

In the case of Housing Act 2004 Section 72(1) it means they have decided you are guilty of operating an HMO without a licence. Even if you believe that you have rented out your property or a single-family dwelling or a 3/4 person HMO that doesn’t require licensing, its very easy for your council to ‘suspect’ that you’re running an unlicensed HMO and that is all the evidence they need in order to hit you with Civil Penalty fines in the £1,000s – often around £8,000 to 12,000.

**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 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 as well as deciding you are guilty of a section 72(1) offence they will then 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 HMO can be staring at £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

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...

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. *...

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...

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...

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...

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...

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. ...

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...

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...

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...

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...

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...

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...

The Legal Stuff

Housing Act 2004 Section 72 Offences in relation to licensing of HMOs

72 (1) A person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part (see section 61(1)) but is not so licensed.

The penalties are contained in 72(6) (7) and (7A) as follows

72(6) A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine.

72(7) A person who commits an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. [level 5 is an UNLIMITED fine together with prison if the magistrates so decide]

72(7A) See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England).

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