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Rent Repayment Orders - It won't happen until it does! So often it is a surprise to the landlord when they get notice of an application for a rent repayment order. You might think that is incredible how could they not know? Many landlords employ letting agents and landlords directly rent a two bedroom property to a couple. It all seems perfect and ideal. Then the couple let a friend move in and now you have 3 people in two households. That is a house in multiple occupation. (HMO). Unbeknownst to the landlord and the agent HMO management regulations apply. That may get you a civil penalty or more from the council but not a rent repayment order. When the couple let the friend move in and the area is designated for additional HMO licensing; that is when the offence occurs and continues to occur until a licence application is made or a temporary exemption notice is applied for. The big problem is when the tenant who caused this to happen finds out there is money to be had and they apply for a rent repayment order and quite often succeed in being awarded large amounts of money. Yes, it's like the house owner being arrested for attacking the burglar. The pain, the stress and the risk are very high. The greatest defence is regular inspections every 90 days and well kept records. These can be presented by good defence professionals as reasonable excuse. Never is it simple. With two beds, three's a crowd when you don't have a licence when one is needed. Tenants can apply for a rent repayment order for up to 12 months rent. Whatever you do do don't act hastily with eviction plans which also can backfire if not done professionally and under professional guidance. Illegal eviction or harassment also attract rent repayment orders. Here to help. Des Taylor http://www.landlordsdefence.co.uk Tel: 0208 088 0788
Rent Repayment Orders - It won't happen until it does!!
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Rent Repayment Orders Often More Costly than you realise. At a tribunal you will as a landlord be cross-examined to prove your guilt in order for the judge to make the rent repayment order award. Once they prove the guilt this is now a public record. If at that stage the local authority has not already taken enforcement action and it is within the statute of limitations then they will proceed to enforce based on the evidence at the tribunal. They can rely upon this and other evidence they will obtain. So many realise this when it is far too late and the cost is then enormous. Sometimes it even gets so bad that the landlord is in such denial that it costs so much more when the judge decides to award the claimant costs as well. A recent case where the landlord engaged us and would not take the advice being given will result in a £5,000 rent repayment order costing at least £50,000 now. It could have been avoided. Here to help and save money. http://www.landlordsdefence.co.uk Tel: 0208 088 0788
Rent Repayment Orders Often More Costly than you realise
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Rent Repayment Orders - No Licence This is the most common reason that tenants and local authorities apply for a rent repayment order. This is by far again the easiest thing to prove beyond all reasonable doubt. There are many loopholes and types of defence that people try why in vain. In any event in self-defence most often comes self-incrimination. If the facts prove the landlord is guilty then the amount to award is dependent on factors of behaviour. Many tenants and landlords view their behaviour very differently than a judge does. If you are a landlord and you you receive notice of a rent repayment order, the best thing to do is seek professional advice. It is essential you do not try to tackle this on your own. This week has seen a landlord have to pay the tenants costs of £21,000 against a £5,000 rent repayment order. This is because the landlord protested against that which he did not understand. There are are some rogue tenants who expect to live for free after despicable behaviour. Most apply for a rent repayment order in retaliation to a trigger event. Successfully I have defended for many landlords and obtained reductions in the claim by as much as 88% from the original application. Yes yes it is pleasing to be able to do this on a regular basis and to stop the growth of this money tree that tenants quite often use. If you have an application against you get in touch. 0208 088 0788 http://www.landlordsdefence.co.uk
Rent Repayment Orders - No Licence
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Rent Repayment Orders - Illegal Evictions With the added complexities of evictions during coronavirus and the latest breathing space requirements many will make mistakes with evictions. Then whilst making those mistakes will validate and illegal eviction attempt or reality for a landlord. This is a trigger for a rent repayment order. Then you have double trouble. The need to employ specialist eviction services is becoming normality. If you make a mistake seek help immediately. As much as you want help from others in a similar situation on social media often you are receiving very bad opinions which compound your situation. Seek professional advice. A mediated solution with the professional can often resolve everything. This we can refer you to specialists if you need it. If you do get a rent repayment order application then get in touch here. http://www.landlordsdefence.co.uk/book Tel: 0208 088 0788
Rent Repayment Orders - Illegal Evictions
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Rent repayment orders and now detailed in the how to rent guide so more and more tenants are becoming aware. This is further fuelled by the local authority advising tenants of this right. The main reasons for tenants applying for rent repayment orders are 1. No HMO Licence when required 2. No Selective Licence when required 3. Illegal Eviction or Harassment 4. Not complying with an Improvement Notice 5. Violence to secure entry 6. Not complying with a Prohibition notice 7. Breaching a Banning Order By far is because the landlord or the manager did not have a licence when they needed one. It is very rare for a tenant to make an application out of the blue. There is always a trigger event that results in this application being made. To some it may seem like retaliation. Maybe it is. The important thing is that one's the application is made that one should seek professional advice immediately. It is amazing how many people self incriminate by taking action which they think is sensible when in fact it is actually making things worse. Some even publish it on Facebook. Rent repayment orders when heard at tribunal have to establish guilt. Many cases are settled because the professionals prove they don't have enough evidence. Unfortunately many landlords do not even realise that in protesting their innocence they are in fact confirming their guilt. As in every episode of the columbo series the guilty was the most productive in providing the evidence to the detective while thinking they were being smart. There is always a trigger event. You cannot always identify it as it seemed insignificant. The number one key for a landlord to avoid a rent repayment order is to check his local council websites for the address of his property and understand whether it needs a licence based on licensing or based on occupation. The next thing is to avoid confrontation with the tenant over any matter. If you are not a diplomat find someone who has those skills to deal with any minor issues or disputes. If you receive Eve saying an application has been made to the first-tier tribunal it normally is because of a rent repayment order. That is the time to seek advice before you do anything. There is no need to acknowledge receipt of letters for any reason. If you need help with rent repayment orders a firm has been very successful at tribunal, in mediation and at the commencement of the process. It is cheaper to resolve at the beginning than it is to go to tribunal,so seek help early. If you need help, call 0208 088 0788 https://landlordsdefence.co.uk/book
Rent Repayment Orders - What is the trigger
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Rent Repayment Orders - Easy Money if You get your duties wrong Tenants and local authorities can make applications for rent repayment orders 2 to the first-tier tribunal against landlords for these most common reasons: 1. Not having a property licence when required - this is by far the most common 2. Illegal eviction - there are many facets to this 3. Harassment of the tenant The above three are the most common in applications and and the first one is so often the main one and the other two happen because people generally make mistakes or do not understand what they are doing. Rent repayment orders are not simple and we see most lawyers do not understand them how to defend them and sometimes make matters worse approaching it it the same as other dispute resolution and litigation. Most landlords who self defend find the inverse at me they're protesting and defending in fact is making matters worse and incriminating them. When a tenant is applying against a landlord there is always a trigger event. That trigger event for most landlords had no idea it was going to escalate into what it has and now it is most common to have an additional civil claim happening alongside the rent repayment order. The no-win no fee lawyers are ruthless and have no regard for running up costs far nd beyond the original rent repayment amount. It is so simple to ensure you a licensed check on your local council website to see if any of your properties need to be licensed. Illegal eviction - employ an eviction specialist, then you can't get it wrong. Harassment all that is in your control for the outset. Most landlords employ professional agents so it's not to have to deal with tenants, it is a good idea. If you receive a notice of a rent repayment order the next action would be advised to contact us. Speak to no one if you received one not the tribunal not the tenants nor the local authority. You do not realise you maybe self incriminating. For confidential discussion please go here: http://www.landlordsdefence.co.uk/book Tel: 0208 088 0788
Rent Repayment Orders - Easy Money if You get your duties wrong
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HMO Management Regulations - Regulation 10 - Duty of Occupiers Dysregulation is by far one of the most important for a manager to use as and when he needs to. There is no excuse to not comply with all the other regulations if you are insistent on insuring that the occupants comply with the law too. Use this and show this regulation to your occupants whenever there is any resistance to your requests or their behaviour in the property. You should carefully exercise your rights in writing referring to this regulation. The law is below and if you're eloquent and diplomatic you should be able to ensure your occupants are compliant with the law so that you can be. Duties of occupiers of HMOs 10. Every occupier of the HMO must— (a) conduct himself in a way that will not hinder or frustrate the manager in the performance of his duties; (b) allow the manager, for any purpose connected with the carrying out of any duty imposed on him by these Regulations, at all reasonable times to enter any living accommodation or other place occupied by that person; (c) provide the manager, at his request, with any such information as he may reasonably require for the purpose of carrying out any such duty; (d) take reasonable care to avoid causing damage to anything which the manager is under a duty to supply, maintain or repair under these Regulations; (e) store and dispose of litter in accordance with the arrangements made by the manager under regulation 9; and (f) comply with the reasonable instructions of the manager in respect of any means of escape from fire, the prevention of fire and the use of fire equipment. This regulation is by far the one that most managers need help with. If you need help 0208 088 0788 http://www.landlordsdefence.co.uk/book
HMO Management Regulations - Regulation 10 - Duty of Occupiers
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HMO Management Regulations - Regulation 9 - Managing the Rubbish and Recycling This is the responsibility of you the manager. Is unfair or is crazy as it may seem to you you if your occupants allow the rubbish the fly around the street or they don't deal with it properly or they let it pile up then you are the person who will receive the fine. Take notice. A popular time for council enforcement officers is on the weekends when students leave student lettings. Often there is a multitude of things to be disposed of and it's easy pickings to come along on that day just before you've had a chance to deal with it. Duty to provide waste disposal facilities 9. The manager must— (a) ensure that sufficient bins or other suitable receptacles are provided that are adequate for the requirements of each household occupying the HMO for the storage of refuse and litter pending their disposal; and (b) make such further arrangements for the disposal of refuse and litter from the HMO as may be necessary, having regard to any service for such disposal provided by the local authority. You are responsible for ensuring the occupants comply otherwise you get prosecuted or fined. If you need help 0208 088 0788 http://www.landlordsdefence.co.uk
HMO Management Regulations - Regulation 9 - Managing the Rubbish and Recycling
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Duty of manager to maintain living accommodation. It is essential to do inspections regularly and make sure the room the occupant is living in is well maintained. You cannot just let it go go as it is important that they are living safely in the room. With current enforcement levels by councils it is recommended you inspect every 90 days. Quiet enjoyment there's not overrule housing health and safety rating system. Seek help if you can't get access. Do not rely why on the tenants refusal to be a defence. Most tenants are very obliging and appreciate the care. Here is the law: 8.—(1) Subject to paragraph (4), the manager must ensure that each unit of living accommodation within the HMO and any furniture supplied with it are in clean condition at the beginning of a person’s occupation of it. (2) Subject to paragraphs (3) and (4), the manager must ensure, in relation to each part of the HMO that is used as living accommodation, that— (a) the internal structure is maintained in good repair; (b) any fixtures, fittings or appliances within the part are maintained in good repair and in clean working order; and (c) every window and other means of ventilation are kept in good repair. (3) The duties imposed under paragraph (2) do not require the manager to carry out any repair the need for which arises in consequence of use by the occupier of his living accommodation otherwise than in a tenant-like manner. (4) The duties imposed under paragraphs (1) and (2) (b) do not apply in relation to furniture, fixtures, fittings or appliances that the occupier is entitled to remove from the HMO or which are otherwise outside the control of the manager. (5) For the purpose of this regulation a person shall be regarded as using his living accommodation otherwise than in a tenant-like manner where he fails to treat the property in accordance with the covenants or conditions contained in his lease or licence or otherwise fails to conduct himself as a reasonable tenant or licensee would do. Need help call 0208 088 0788 http://www.landlordsdefence.co.uk
HMO Management Regulations - Regulation 8 - Maintaining the room
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Common Parts are the management's responsibility. The tenants may make a mess and damage. It is your job to make it and keep it right, no matter how unfair. Management and use Regulation 10 is how. More about that another day. Often they use other laws under HHSRS and fine you here under Reg 7. Get your places right and manage well. Here is the law: Duty of manager to maintain common parts, fixtures, fittings and appliances 7.—(1) The manager must ensure that all common parts of the HMO are— (a) maintained in good and clean decorative repair; (b) maintained in a safe and working condition; and (c) kept reasonably clear from obstruction. (2) In performing the duty imposed by paragraph (1), the manager must in particular ensure that— (a) all handrails and banisters are at all times kept in good repair; (b) such additional handrails or banisters as are necessary for the safety of the occupiers of the HMO are provided; (c) any stair coverings are safely fixed and kept in good repair; (d) all windows and other means of ventilation within the common parts are kept in good repair; (e) the common parts are fitted with adequate light fittings that are available for use at all times by every occupier of the HMO; and (f) subject to paragraph (3), fixtures, fittings or appliances used in common by two or more households within the HMO are maintained in good and safe repair and in clean working order. (3) The duty imposed by paragraph (2) (f) does not apply in relation to fixtures, fittings or appliances that the occupier is entitled to remove from the HMO or which are otherwise outside the control of the manager. (4) The manager must ensure that— (a) outbuildings, yards and forecourts which are used in common by two or more households living within the HMO are maintained in repair, clean condition and good order; (b) any garden belonging to the HMO is kept in a safe and tidy condition; and (c) boundary walls, fences and railings (including any basement area railings), in so far as they belong to the HMO, are kept and maintained in good and safe repair so as not to constitute a danger to occupiers. (5) If any part of the HMO is not in use the manager shall ensure that such part, including any passage and staircase directly giving access to it, is kept reasonably clean and free from refuse and litter. (6) In this regulation— (a) “common parts” means— (i) the entrance door to the HMO and the entrance doors leading to each unit of living accommodation within the HMO; (ii) all such parts of the HMO as comprise staircases, passageways, corridors, halls, lobbies, entrances, balconies, porches and steps that are used by the occupiers of the units of living accommodation within the HMO to gain access to the entrance doors of their respective unit of living accommodation; and (iii) any other part of an HMO the use of which is shared by two or more households living in the HMO, with the knowledge of the landlord There is so much that can cause an offence you must have your cleaners and maintenance team trained to SPOT - identify ACT - report or rectify MANAGE - own it until it is completed and compliant.
HMO Management Regulations - Regulation 7 - Common Parts Maintenance Obligations etc.
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Gas and Electric Managing HMOs and the bills all included is always a talked about subject. Some Landlords have the occupants pay and others include all bills and worry about control. The law is clear you must ensure supply and be in control of that. So include utilities manage the expectations and educated the occupants in the simple use and control and how often a sweater is far more effective to an individual rather than turning up the heat for everyone and the others opening windows. You cannot resell utilities so you must get good at management. Duty of manager to supply and maintain gas and electricity The legislation is clear: 6.—(1) The manager must supply to the local housing authority within 7 days of receiving a request in writing from that authority the latest gas appliance test certificate it has received in relation to the testing of any gas appliance at the HMO by a recognised engineer. (2) In paragraph (1), “recognised engineer” means an engineer recognised by the Council of Registered Gas Installers as being competent to undertake such testing. (3) The manager must— (a) ensure that every fixed electrical installation is inspected and tested at intervals not exceeding five years by a person qualified to undertake such inspection and testing; (b) obtain a certificate from the person conducting that test, specifying the results of the test; and (c) supply that certificate to the local housing authority within 7 days of receiving a request in writing for it from that authority. (4) The manager must not unreasonably cause the gas or electricity supply that is used by any occupier within the HMO to be interrupted. Please note CORGI - "Council of Registered Gas Installers" above is replaced by "Gas Safe". Make sure you pay the bills. Ensure you have your Electrical Installation Condition Report (EICR). 5 yearly. Be certain to have your Gas Safety Inspection annually. Do Portable Appliance Testing Annually for your own protection and if you can include occupants' appliances for added security. If not sure get in touch http://www.landlordsdefence.co.uk 0208 088 0788
HMO Management Regulations - Regulation 6 - Maintain Gas and Electric Supply
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Making sure there is water and that it drains away is so important in a HMO. As landlord and/or manager it is advised you control the water bills and pay them. If you leave it to tenants and they don't pay the bill and the water gets cut off you get the fine. It is in your control. Is the risk of a £10,000 fine worth it? You can pay the most expensive plumber or water company and it would be cheaper. Keep those drains clear, make sure no leaves are blocking it's flow. Have fortnightly checks to be sure. It is in your control. If the occupants block it is it worth a £5,000 fine? You'd travel from Australia for less to fix it yourself. HMOManagement Regulations - Regulation 5 - Water and Drainage Duty of manager to maintain water supply and drainage 5.—(1) The manager must ensure that the water supply and drainage system serving the HMO is maintained in good, clean and working condition and in particular he must ensure that— (a) any tank, cistern or similar receptacle used for the storage of water for drinking or other domestic purposes is kept in a good, clean and working condition, with a cover kept over it to keep the water in a clean and proper condition; and (b) any water fitting which is liable to damage by frost is protected from frost damage. (2) The manager must not unreasonably cause or permit the water or drainage supply that is used by any occupier at the HMO to be interrupted. (3) In this regulation “water fitting” means a pipe, tap, cock, valve, ferrule, meter, cistern, bath, water closet or soil pan used in connection with the supply or use of water, but the reference in this definition to a pipe does not include an overflow pipe or the mains supply pipe. No matter what the occupants do, the manager must make it right. Pay the bills, inspect regularly, respond to issues immediately, when it comes to water and drainage. As investors invest in the management too. It makes so much sense. Saving £100s to get fines of £1,000s is stupidity, not investing. Need help get in touch. http://www.landlordsdefence.co.uk 0208 088 0788
HMO Management Regulations - Regulation 5 - Water and Dnage
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This is one of the most common offences that Landlords get caught and fined for. Why? Because they do not understand the importance how easily your tenant or trades person will unwittingly make you responsible. Duty of manager to take safety measures 4.—(1) The manager must ensure that all means of escape from fire in the HMO are— (a) kept free from obstruction; and (b) maintained in good order and repair. (2) The manager must ensure that any fire fighting equipment and fire alarms are maintained in good working order. (3) Subject to paragraph (6), the manager must ensure that all notices indicating the location of means of escape from fire are displayed in positions within the HMO that enable them to be clearly visible to the occupiers. (4) The manager must take all such measures as are reasonably required to protect the occupiers of the HMO from injury, having regard to— (a) the design of the HMO; (b) the structural conditions in the HMO; and (c) the number of occupiers in the HMO. Have a listen and learn some more and why you must ensure your manager inspects, enforces and maintains as required.
HMO Management Regulations - Reg 4 - Duty of manager to take safety measures
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3. Duty of manager to provide information to occupier The manager must ensure that— (a) his name, address and any telephone contact number are made available to each household in the HMO; and (b) such details are clearly displayed in a prominent position in the HMO If you don't do the above it is punishable as a crime. Civil Penalties of usually between £500 to £5,000 are an alternative to prosecution. That is all HMOs. So, three occupants where at least two are not related and you must comply with the above Regulation.
HMO Management Regulations - Regulation 3
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As we start a new year for tax we also celebrate the 4th birthday of local authorities being able to impose civil penalties against landlords and to keep the money. 4 years today. It is the best revenue earner for councils since they were allowed to take over parking. just like parking impose the penalty answer to it later. There are civil enforcement officers everywhere. Looking at the dustbins your house or rental property. counting the number of people going in and leaving each day and checking it back to the census. Identifying houses in multiple occupation. Looking for ways to fine you. It is a new industry and and it is reserved for the local authorities. all they can do with the money is more enforcement and the more enforcement they do the more money they make the more enforcement they can do. They cannot use the money for anything else so they will use it to go back decades and decades and almost a century to prove their point. There is no end to what they will do in enforcement. It will eventually destroy the private rented sector. You cannot get a fair trial when the enforcer is also so the judge and sentencer. Landlords you have to be compliant. Spend the money on compliance or spend it on fines I can tell you which is cheaper.
New Year - New Beginnings
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19 September 2020
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House in Multiple Occupation - HMO This video answers these questions: What is Article 4 Direction Planning Permission and Permitted Development Rights What is Article 4 Really? Is Article 4 HMO Licensing? Why Article 4 is not HMO Licensing? Does my Property need a HMO Licence? Civil Penalties What is a Planning Enforcement Notice? Landlord Licensing and Defence has been assisting Landlords, Rent to Rent and Property Investors to understand HMO Planning and Licensing for a number of years and fought may councils. Check out what we have done more at https://www.landlordsdefence.co.uk/successes If you are interested in HMO Licensing check out the page here: https://www.landlordsdefence.co.uk/does-my-property-need-an-hmo-licence/
HMO Article 4 What it really means and why it is not licensing Live Webinar
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Property Meeting Educational
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