Housing Act 2004 Section 234 Regulation 5 HMO Management

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...

Fourth conviction for rogue Beeston landlord

25 Nov 2019 Landlord Jack Collins of Woodlea Road, Yeadon, has been hit with court fines for a fourth time for failing to properly manage his rental properties. On 18 November 2019, Mr Collins was found guilty and ordered to pay £25,324.60 within two months for failing to maintain a property on Sefton Terrace, Beeston. Mr Collins had denied exposing vulnerable tenants to sub-standard housing...

Now Council Licensing are doing Dawn Raids just like the Drug Squad

22 Jan 2020 An investigation was launched this morning into the safety of residents in 10 rented properties operating without landlord licences. Officers from Slough Borough Council knocked on the doors of the 10 properties simultaneously at 5am to examine the living conditions in the houses on Alexandra Road, Chalvey. All the terraced homes are owned by the same people who have not obtained a...

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...

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...

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 ordered to pay more than £20k

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

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...

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)...

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...

Council announces free property licensing!

10 Jun 2021 Instead of charging landlords around £1,000 like most UK councils - for the dubious honour of going into a database - which the council will then use so they can easily inspect properties and issue eye watering fines, Jersey (which is of course part of the UK) is to offer this for free. They did try to charge for it but we’re told by their government that they can only offer this...

Landlord fined for ‘extremely dangerous’ rental property

A private landlord has been ordered to pay just over £1,000 after being found guilty of providing an ‘extremely dangerous’ rental property that was in a poor state of repair. Lincoln Magistrates’ Court heard that landlord Joe Burgess, of Newark Road, Lincoln, had failed to comply with housing regulations for his rental property in Newtoft, which consisted of unsafe electrics, no heating, severe...

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...

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...

£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...

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...

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...

Sefton Council entraps Hotel Landlord into providing Free Emergency Accommodation to their Homeless

08 Mar 2021 Sefton council has reached a new low in cynical entrapment in its relentless war against landlords. Like many councils waging war against landlords, they do this in the single-minded pursuit of raising revenue from Landlords’ investments and pensions. So here is how it happened, blow by blow: Michelle Ball, owner of the Cresta Hotel in Southport, understood that she owned a hotel or...

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...

Agent claiming to be unaware property was HMO, loses appeal over £20k fine

A lettings agent that claimed that it was unaware a property was a house in multiple occupation (HMO) has lost its appeal over a £20,000 fine. In January this year Altavon property management ltd and the landlord of the property, Adrian Simion, 30, had been found guilty at Luton Magistrates court of a series of management regulations breaches relating to the safety and running of houses in...

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...

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 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...

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...

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...

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...

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...

Capitol Riot Suspects Self-Incriminate Just Like Landlords Do Every Day

19 Jan 2021 Capitol riot suspect Aaron Mostofsky (Source: New York Post, as cited in criminal complaint) Many of the insurrectionists who marched on the UA Capitol building on Jan. 6 and violently forced their way into the building stupidly livestreamed their activities or boasted about them via social media. So far, those self-identifying actions have helped law...

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,...

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...

Court of Appeal upholds £99k penalties for breaches of HMO regulations and non-compliance with enforcement notices

05 Feb 2021 The Court of Appeal has rejected a company director's appeal over penalties amounting to £99,000 imposed by the Upper Tribunal for breaches of regulations covering houses in multiple occupation (HMOs), and non-compliance with enforcement notices. The penalties related to Max House, 60 St Faiths Lane, Norwich of which Faith’s Lane Apartments (FLAL) was the freehold owner. The...

Airbnb host fined £100,000 for letting council flat

30 Jul 2019 An Airbnb host who rented out his central London council flat to tourists has been fined £100,000 and evicted. Council tenant Toby Harman, 37, created the fake identity "Lara" on Airbnb to rent out his studio apartment. The flat, in Victoria, had been advertised since 2013 and received more than 300 reviews, Westminster City Council said. Anti-fraud software had found Harman's first...

Court fines Landlord £26,000 for rats and cockroaches in un-declared HMO

22 Jul 2020 A pregnant woman was among nine people put “at risk” by their landlords, who allowed their tenants’ home to become infested with rats and cockroaches. Barnet Council says its enforcement officers found a “severe cockroach infestation” at 80 Highfield Avenue in Golders Green, Barnet, while the stairs and flooring had been “partially eaten by rats”. Officers also...

Landlord fined £25,000 over lack of hot water for disabled tenant

Judith Wilson, who owns 300 houses in Kent, ignored council enforcement notices. The wife of Britain’s most controversial buy-to-let landlord, Fergus Wilson, has been ordered to pay £25,000 in fines and legal costs after a court ruled that she had failed to supply hot water to a disabled tenant. The court found that Judith Wilson, who revealed she has more than 300 houses in her name in the...

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...

Brent Council raise almost £100,000 in landlord fines in just four weeks

Four weeks of prosecutions by Brent Council in north London has seen six successful results with total court fines for rogue landlords of £97,727, the highest amount recorded by Brent in such a short period. One private landlord, Bernard Patrick McGowan, was ordered by Willesden Magistrates Court to pay more than £40,000 last week for failing to licence a flat in Craven Park, Harlesden, which...

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...

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...

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, Juliet Matorerwa, has been ordered to remain...

A Hertfordshire landlord has pleaded guilty to 28 offences resulting in a fine of over £20,000.

The convictions related to two private properties in the Hatfield area. 23 offences applied to one and the last five applied to the other. The first property, a HMO in Fern Dells, had failures with gas, electric and fire safety ad was therefore potentially dangerous for tenants. Extensive damp and mould was also found by the local council. There was also disrepair to windows and doors. The five...

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...

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

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

Brighton landlord prosecuted for unlicensed HMO

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

‘Landlord in Crisis’ Cases This 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 are 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: Breaking the Law If you drive at 90mph you will eventually get caught. If you break the law of the Housing Act 2004 or...

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...

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 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...

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,...

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 234 Regulation 5 HMO Management

 If you’ve just searched for the term Housing Act 2004 Section 234 Regulation 5, 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 234 Regulation 5 it means they have decided you are guilty of a management offence in relation to the Management of Houses in Muiltiple Occupation Regulations England (2006) Regulation 5 which says 

**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

Success Stories

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...

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...

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...

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. ...

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...

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...

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...

Liverpool Council hands out 2,000 legal notices, 154 cautions, 89 civil penalty notices and 159 prosecutions

11 Apr 2019 A council has revealed the squalid conditions its inspectors have found when visiting rental properties as it looks to extend its landlord licensing scheme. Liverpool City Council has operated a city-wide selective licensing scheme since April 2015 but is now looking to extend it for five years when it expires in March 2020. Council officials say more rogue landlords have been...

Letting Agent 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...

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,...

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...

Breaches of planning, overcrowding and licensing: all sorted with no casualties!

21 Oct 2019 Fantastic Morning, taking back a house for a long-established client from a company who had rented it for subletting, not telling the letting agent nor the landlord. None of the employees on the agreement ever lived there, last year it was found to be overcrowded with 10 occupants on a house only supposed to have 5 occupants and they had created a self-contained unit too. Breaches of...

Kingston Prohibition Order

Defending a Prohibition Notice for both the Owner and the Subletting Landlord and replacing the subletting Landlord with a more suitable fit and proper Landlord in order to have the prohibition order withdrawn The owner is an elderly man and his daughter was dealing with the property and had let it to a subletting Company who was the Subletting (Rent to Rent) Landlord. The Owner and Subletting...

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...

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. *...

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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