Selective Licensing…

Do I need a Selective Licence?

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...

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)...

Dawn raid finds 17 tenants crammed into sub-let HMO

29 Nov 2019 A dawn raid by enforcement officers from a London council has discovered 17 men sleeping on mattresses in a three bedroom Home in Multiple Occupation. The raid followed a tip-off about a suspected unlicensed HMO. A statement from Brent council says the men were paying £50 a week to a head tenant in exchange for accommodation which was described by the local authority as “overcrowded,...

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 convicted of unlawfully evicting tenant now fined for running unlicensed HMO in Telford

Feb 21, 2019 A landlord from Telford who had previously been convicted of unlawfully evicting a tenant has now been fined for running an unlicensed house in multiple occupation. In March 2017, David Beattie admitted threatening violence against a tenant in his property in Dudmaston, Hollinswood. Shropshire Magistrates Court sitting in Telford on Monday heard that Beattie, of Priorslee, was not...

“Screw your Landlord” Westminster City Council launches online tool encouraging HMO Tenants to claim Rent Repayment Orders

In a move designed to punish as many landlords as possible with crucifying Rent Repayment Orders of up to 12 months rent, City of Westminster has launched a "find out of you can screw your landlord" tool on their website. They are obviously using this 'hook' to get tenants to grass-up landlords who have not paid their 'licence tax'. Cynically, It has everything to do with punishing landlords for...

£50,000 fines for Landlord and his company

19 Apr 2021 A property company and its sole director landlord have been convicted and ordered to pay more than £50,000 in fines and legal costs. Francis Investments (East Anglia) Limited, based in Ipswich, and the company’s sole director and owner of the property, Ralph Bernard, were both convicted on 10 charges. An investigation was started into the property by Ipswich council in June 2019...

‘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...

Stevenage BTL investor fined for attic room

A Stevenage buy to let investment landlord has been prosecuted for letting out an unsuitable attic room ignoring a council prohibition order. Stevenage Borough Council had made a prohibition order in November 2014 under the Housing Act 2004, prohibiting the occupation of the attic room at a property in The Noke, Stevenage. The council made the prohibition order due to the works completed to...

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...

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...

‘Landlord in Crisis’ Cases Last Week

23 Jun 2020 The last two weeks has been hectic and often people see what we publish and ask what exactly do we do? Well here is the first half covering just some of the things we have covered in the last two weeks, no day is ever boring and it is a long read and these cases are all landlords just like you: Landlords and COVID-19 Covid-19 has meant much more enforcement action against landlords...

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...

“All hands to the pumps” demands Lord Chancellor as he vows to catch up on Court and Tribunal cases

06 Jul 2020 The Lord Chancellor has agreed that there should be no constraints in the number of sitting days available during the COVID-19 recovery period for the courts or any hesitation in using fee-paid and deputy judges to fill any gaps which cannot be filled by the salaried judiciary, the Lord Chief Justice Lord Burnett and Lord Justice Lindblom have revealed. “It is now all hands to...

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...

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...

HMO Landlords: Guilty Until Proven Innocent

01 Apr 2020 Over the past year we have seen Mandatory HMO licensing increased in scope to include all properties with 5 or more occupants, where they belong to two or more households. Since this we have seen a dramatic increase in the use of prosecutions, civil penalty fines and Rent Repayment Orders against Landlords. Many landlords, doing their best and running what they believe to be good HMO...

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...

Bath pair fined £16k for holding wrong HMO licenses

Two landlords in Bath have been ordered to more than £16,000 for failing to hold the correct HMO licences. Elizabeth Vowles, 48, and Hayley Book, 55, from Weston pleaded guilty at Bath Magistrates’ Court to the offence under the Housing Act 2004. The court was informed that the pair were caught operating two HMOs in the Additional Licensing Area without a licence in January 2017, despite the...

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...

Landlord fined £60,000 for license breaches

A court has fined a Gateshead private landlord £60,000 for committing serious offences under The Housing Act 2004. Mr X. the landlord* of the property in Ridley Gardens in Swalwell, was found guilty of failing to comply with an Improvement Notice and breaching the conditions of his landlord licence by failing to effectively manage his property. Issues with the property, which is located within...

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...

£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...

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...

£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...

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...

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...

Harrow rogue landlord’s nightmare flat left tenants at ‘imminent risk of death’

2 May 2019 The building was cold, filthy, structurally unsound and a firetrap with gaps on the stairs and no washbasin. A Harrow landlord rented out such a disgusting home that his nine tenants were at "imminent risk of death". The problems at the Harrow home began with a dangerous bed bug infestation, but conditions were revealed to be so bad, that even after an £11,000 fine in the courts,...

Landlord’s excuse for operating Unlicensed HMO not a ‘Reasonable Excuse’ finds Appeal to Upper Tribunal

05 Jan 2021 Thurrock Council has won an appeal from a decision of the First-tier Tribunal to cancel a civil penalty imposed for the offence of managing or being in control of a house in multiple occupation that is required by the Housing Act 2004 to be licensed, when it was not so licensed. The FTT reached that conclusion because it found that the respondent had the defence of reasonable excuse....

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...

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,...

Will Government make Rogue Landlord Database public? Decision awaited

11 Aug 2021 There has still been no formal response to a government consultation on the database of rogue agents and landlords, 25 months after comments were initially requested and 22 months after the exercise closed. The database of rogue landlords and property agents was introduced in April 2018, targeted at agents and landlords who committed the most serious offences - typically those...

Five Tenant Tricks to throw out a Section 21 eviction notice

19 Jan 2021 Landlords need to be in no doubt that tenants are being educed by councils, shelter, a wide range of no-win, no-fee ambulance chasers-  and now tenants unions too - into not only the ‘tricks and hacks’ they can use to stop you being able to gain possession (no matter how much hey haven’t paid in rent) but also (because there is money in it for all of these organisations one way...

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...

Council with Most Prosecutions of Agents and Landlords is Named

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

Landlord fined £6,000 for not having HMO licenses

A landlord has been fined for not licensing 12 buy-to-let properties in the North Ormesby area of Middlesbrough. John Bradley, 39, was the first landlord to be brought to court for not signing up to the scheme since Middlesbrough Council introduced compulsory £580 licences for those who rent out property in the local area in a bid to crackdown on rogue landlords. But while Bradley admitted to...

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...

£140,000 in fines for buy to let couple failing to maintain properties

29 Aug 2019 A husband and wife pair of buy to let investors have been prosecuted after letting out a property that contained serious hazards and defects. Hamedur Choudhury and his wife Roshon let out two flats and staff accommodation above a restaurant in East Grinstead. Environmental health officers from Mid Sussex council inspected the property 18 months ago and discovered serious issues...

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

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

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)...

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...

Tenants suffer fire, but council only interested in prosecution for lack of HMO licence

23 Apr 2021 Following a rental property fire in a house in Hendon, all the council appeared to be interested in was that it had discovered an unlicensed HMO and proceeded to prosecute the landlord  “for failing to licence the HMO”. According to the council’s press release:  Barnet Council discovered the property was an unlicenced House of Multiple Occupancy (HMO) after being called to the...

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...

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...

Bristol Council Starts Cynical campaign to bankrupt Landlords

13 Jul 2020 In another cynical move by landlord-hating councils, Bristol Council is encouraging tenants in the town who believe they have been mistreated by landlords to seek punitive rent repayment orders. Said Phil Turtle, director of Landlord Licensing & Defence “The only conclusion one can draw is that this is purely vindictive.”  The main reason for the grant of Rent Repayment Orders is...

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...

Landlord in hot water after ignoring council abatement notice

28 Jun 2021 A tenant was put at risk from a ceiling that partially collapsed and was left unable to use her shower after her landlords failed to adequately repair a leak. Sunita and Surinder Paul have each been fined £500 for breaching a Wolverhampton council abatement notice ordering them to complete the repairs on the property in Bilston.  In March 2020, the tenant reported water leaking...

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...

Letting agency hit with £10,000-plus fine for smoke alarm failings

Letting agency hit with £10,000-plus fine for smoke alarm failings A London council has fined a letting agency over £10,000 for failing to install smoke alarms in a rental property. Waltham Forest council has prosecuted Just Move Estates, located in Walthamstow, using powers under the Housing and Planning Act. The agency claimed that tenants had removed three smoke alarms from a rental property...

Conviction of rogue landlord upheld

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

Many Council Housing Authorities have used their powers under the Housing Act 2004 Part 3 to bring in Selective Licensing Schemes. A scheme can cover specific areas of the Council’s area or in many instances it covers the entire area or borough.

In theory, these Selective Licensing Schemes are introduced to combat low demand in an area (because the area is not desirable) and to combat anti-social behaviour in an area where other methods have failed.

In practice, there is a large body of opinion that Councils have introduced these schemes as a way to raise local taxation revenue from licence application fees. Plus it gives councils the ability to impose civil financial penalties in the £thousands on landlords and owners who either fail to licence their properties or commit criminal offences by failing to adhere to Selective Licence Conditions imposed by the council and which most landlords don’t know how to challenge

What is a selective licence? 

Many Council Housing Authorities have used their powers under the Housing Act 2004 Part 3 to bring in Selective Licensing Schemes. A scheme can cover specific areas of the Council’s area or in many instances it covers the entire area or borough.

In theory, these Selective Licensing Schemes are introduced to combat low demand in an area (because the area is not desirable) and to combat anti-social behaviour in an area where other methods have failed.

In practice, there is a large body of opinion that Councils have introduced these schemes as a way to raise local taxation revenue from licence application fees. Plus it gives councils the ability to impose civil financial penalties in the £thousands on landlords and owners who either fail to licence their properties or commit criminal offences by failing to adhere to Selective Licence Conditions imposed by the council and which most landlords don’t know how to challenge

Get help to apply for selective license

Do I need a selective licence for my property?

 

If your Buy-to-Let or rental property is within a Selective Licensing Scheme area then 99.9% YES.

Whether it is a flat, house or bungalow, every single rental property in that area must have a Selective Licence with a very few exceptions.

Hint: Do not think you can get away with trying to claim your property is an exception unless it absolutely is. The average civil penalty fine for not having a Selective Licence is between £5,000 and £12,000. By the time the council has added fines by ‘finding’ things that are wrong with your property you can expect the total fine to be at least £10,000 up to £20,000 or more. It really isn’t worth the risk!

The main exceptions are that your property needs a different type of licence such as:

  • A Mandatory HMO Licence

    If it houses 5 or more persons (NB persons, not bedrooms) where they are not all one ‘household.’

    In practice this means that if any single person in the house of them is not related to all the others by blood or marriage/sexual union – such as a friend or they are sharers – then the law says it is an HMO that requires a mandatory licence.

  • An Additional Licence for HMOs

    In many council areas, they have introduced Additional Licensing schemes to make HMOs of 3 persons (where they are not all related) require an Additional HMO licence.

  • (There are also some other very minor exceptions.)

So for 99.9% of Buy-to-Let or rental properties in a Selective Licensing Scheme area, unless it requires an HMO license
Your Property REQUIRES A SELECTIVE LICENCE.

NB In Selective Licensing Scheme areas where smaller HMOs of 3 or 4 persons are not covered by and Additional HMO Licensing scheme these properties MUST have a selective licence.

There is sadly no national database of which areas are covered by Selective Licensing Schemes. We can help you to determine this and undertake the application process for you.

 

Get help to apply for selective license

What are the requirements for a Selective Licence?

You must pass the council’s tests for:

  • Property management competence
  • The suitability of your management structures
  • You must be a ‘Fit and Proper Person[link]’ to hold a licence
  • You must inform ‘Relevant Persons’ that you are applying for a Selective Licence, (for example your mortgage provider, freeholder, insurers, managing agents, etc.)
  • You will be required to state that your property fully complies with all the relevant legislation, regulations and health and safety standards. (There are hundreds of them.)

Get help to apply for selective license

I’ve just realised my property should already have a Selective Licence, but I didn’t apply for one.

This is very serious. You have committed a Criminal Offence and the Council can take you to court or issue you with a Civil Penalty Fine of up to £30,000.

We strongly advise you NOT to talk to your council – as they are now your Prosecutor and their only interest will be to ‘enforce’ against you by way of criminal prosecution in the courts or very large Civil Financial Penalty fine.

We also strongly advise you to seek professional help from us or other specialists. 

Get safe help with Failure to Apply for Selective Licence

    How do I apply for a Selective Licence?

    While it is possible to undertake the application process yourself, we would advise against this because of the many pitfalls.  

    If you do choose to apply on your own, it is essential that you familiarise yourself with all of the standards such as the Housing Health and Safety Rating System and your council’s specific selective licensing standards before applying for a licence.

    Our Local Authority Selective Licensing Compliance Check can help you determine how compliant your property is in relation to your council’s guidelines and national legislation.

    Please be aware that if you accept Selective Licence Conditions (and most landlords do without questioning them) you become liable as a Criminal Offence if at any point during the licence (usually 5 years) if you fail to comply with any Condition – not matter how unreasonable – even if you would not have been criminally liable in law! So be very, very careful or get expert help.

    Landlord Licensing & Defence offers a complete hand-holding service for landlordsincluding compliance checks, licence application preparation and submission, progression and also fighting against over-bearing licence conditions by way of ‘Representations’ on your behalf against the draft licence. 

    Get help to apply for selective license

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      Success Stories

      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,...

      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. ...

      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...

      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. *...

      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...

      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...

      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...

      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 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...

      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...

      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...

      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...

      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...

      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...

      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...

      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...

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