28 Apr 2022

It has been an excellent day today with a council in the Midlands.

Improvement Notice issued on massive HMO.Many errors and over-egging, by young aggressive “Enforcement Officers” in the notice.

Today, the council’s legal department agreed it was over aggressive and that the Tribunal would quash the notice on Ground 1 of the appeal alone, and that even though they did not agree with the full appeal, they would not contest the quashing.

The council wanted to take it through the full process to do that.

(They could not just withdraw it = case law reasons).

Quick as a flash I suggested a consent order and the appeal application would be withdrawn if they equally withdrew the notice. Then convinced the solicitor to draw up the Consent Order to save the client costs. He was hesitant and then agreed and completed the FTT forms for the landlord too.

FTT also closed the Improvement Notice case today.Saved the client money, the Improvement Notice was withdrawn and the matter all cleared up in a matter of two hours.

It is great when things go the way they should and the council solicitors don’t get too hung up practising law, rather than solving problems.Good all-round result.

Now to fight the other enforcement team vultures who are trying to enforce a licence holder who is manager, rather than let the owner be the licence holder.

This solicitor looks like he will be helpful in bringing the enforcement team back into line and bringing a solution.

Love days when things go right.

Des Taylor

Landlord Licensing & Defence

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