Fitness For Human Habitation

 

 

Record fine highlights importance of HMO licences and compliance

An “unscrupulous” landlord in Birmingham has been handed a record-high fine of more than £180,000 for breaching the rules related to four of her HMOs (houses in multiple occupation) after being found guilty of 35 offences. The director of property business Vertu Capital, which is now in administration, has been ordered to pay a total of £182,314 in fines, costs and compensation to her tenants in...

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...

Tenant in arrears? Text them! New research finds phone calls are too intimidating…

12 Oct 2020 Most tenants claim they are “intimidated” when agents or landlords telephone them about arrears - and they would much prefer a text. Warned Phil Turtle, compliance director with Landlord Licensing & Defence “Thus is potentially scary for landlords as “Intimidation or harassment is one of the reasons that tenants are persuaded to apply for Rent Repayment Orders claiming...

Fine for landlord admitting failings

A property management company has been landed with a legal bill of almost £2,000 after admitting that it failed to keep a property in Nottingham in good repair. Nottingham City Council`s Housing Licensing and Compliance team secured a successful prosecution against ADKAM CIC (Community Interest Company) resulting in a fine of £1000 with costs of £836 and a £100 victim surcharge at Nottingham...

Rent Repayment Order £8,975 against Landlord who failed to have Selective Licence

March 2016, Case summary by Phil Turtle Landlord Licensing and Defence By ignoring Selective Licensing, this landlord lost £13,000 and gained a criminal record. Local Authority, the London Borough of Newham (LA), applied for and won a Rent Repayment Order against Ms P. relating to a property in Malvern Road, East Ham, London E6. The Local Authority has introduced a Selective Licensing scheme...

Landlord faces jail unless she pays back £140k

A landlord in Hayes, west London, has been ordered to pay back more than £140,000 in rent she received unlawfully after converting a house into two separate flats without planning consent. The council's planning enforcement officers discovered Surinder Kaur Sethi, 61, had converted a three-bedroom house in Balmoral Drive, worth in the region £400,000, into two self contained flats without...

New figures reveal thousands of tenants are at risk of death in their properties

New figures reveal thousands of tenants are at risk of death in their properties Shocking stats emerged after two men died in a four-bedroom Edgware home They were living with at least five others in the ramshackle unlicensed property Nearly three quarters of a million people are living in dirty or unsafe homes and thousands of lives are at risk because of rogue landlords, new figures reveal....

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...

Landlord fined £35,000 for selective licence breaches

02 Dec 2019 The owner of two properties has been fined £35,000 for breaches of the selective licensing regime in his local area. At a hearing in Scarborough Magistrates Court last week a Mr Raja - director of ASR Estates (UK) Limited - pleaded guilty to a string of charges including failing to notify the council of new tenancies being granted at the property together with confirmation that all...

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

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

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...

Advice for Accidental Landlords

30 Apr 2020 By Des Taylor, Casework Director with Landlord Licensing and Defence Landlords… If your property is being managed by your brother’s sister’s cousin’s sister-in-law, or your best-est friends’ brother-in-law then you face a 90% probability of massive problems in the form of: Unpaid rentRepairs not doneCouncil inspectionsCouncil enforcement action Prosecution Massive Civil...

Letting agent fined £80k after investigation into shared houses

09 Oct 2019 Fire at one of the properties triggered the prosecution of Orange Living Ltd - which trades as Loc8me and provides for students A letting agent which counts students among its customers has been fined £80,000 for failing to license shared houses it rented out. A council investigation was triggered after a fire in the attic of one of the properties in Loughborough leased out by Orange...

“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...

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,...

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...

Oxford landlord convicted of repeat HMO offences

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

Landlord and Agent fined for 32 occupants in 2 bed flat

The managing director of a letting agency and the Landlord of a two-bedroom flat where an unbelievable 32 people were found to be living have been fined, along with the agency itself. Altogether they have been ordered to pay a remarkably low £30,000. However, as this was a criminal prosecution in court rather than civil financial penalties it is normal for the fines to be lower because the...

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...

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...

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...

£18,000 Civil Penalty for Landlord who didn’t comply with HHSRS

12 Jan 2020 A landlord in one of the most scenic parts of Devon had been served with a £18,000 civil penalty because he failed to do work demanded by an Improvement Notice.  The landlord has not been named by South Hams council, but it says the landlord has now organised for the repairs to be carried out - which he has paid for, in addition to the penalty.  "This is fantastic news for...

Landlord fined £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...

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...

Oxford landlord issued financial penalty of £15,624 for HMO offences

An Oxford landlord has been issued a financial penalty of £15,624 for controlling an unsafe House in Multiple Occupation (HMO) in the Cowley area of Oxford. The East Oxford-based landlord, who cannot be named for legal reasons, was investigated after environmental health officers from Oxford City Council visited a rented property on Kames Close in August 2017. The house was found to be an...

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...

£10,000 Civil Penalty Fine – Landlord loses appeal

29 Nov 2019 The First Tier Property Tribunal has thrown out an appeal by Islington Landlord Iqbal Ahmad. The property, a flat in Holloway Road London N7 was inspects as part of the licence application process and he accepted a licence with conditions pertaining to amongst other things not having adequate fire protection measures.  When the council re-inspected the property in April 2019 -...

Two Cambridge landlords fined for breaching health and safety standards

Two landlords in Cambridge have been fined for health and safety breaches in their privately rented properties. Following an investigation by Cambridge city council, a local landlord was served with a financial penalty notice of £8951.60 after a property in multiple occupation (HMO) on Garlic Row was found to be unlicensed and had unsatisfactory fire precautions. In a separate investigation by...

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...

Landlord hit with huge fine after council uncovers astonishing web of lies

10 May 2019 A rogue landlady has been hit with a fine of £24,000 after conning her tenants and the local authorities with a complex web of lies. Diana Thompson was taken to task by Brent Council and prosecuted for failure to licence a House in Multiple Occupation (HMO) and failure to comply with fire safety regulations. Thompson convinced tenants living in her unlicensed, detached two-storey HMO...

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...

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...

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...

HMO landlord fined

Three landlords have been fined a total of £24,170 including costs, for failing to have a licence for a House in Multiple Occupation (HMO). Chiabass Lawrence, who has been managing HMOs across London since 2003, pleaded guilty at Willesden Magistrates’ Court on 19th June for failing to acquire a license for an HMO without reasonable excuse. Mr Lawrence and his property management companies, OGAS...

Tribunal Tells Coventry City Council that £31,499 Landlord Penalty is ’not in any way reasonable’ and slashes it to £3,300

24 Oct 2019 In the First Tier Tribunal (Property Chamber) the Landlord Mr Tan Sandhu appealed against a fixed penalty of £24,649 (initially £31,499) imposed by Coventry City Council for breaches of the Housing Act 2004. Reviewing the Tribunal’s decision, Phil Turtle, compliance consultant with Landlord Licensing and Defence said “Whilst we cannot condone a landlord not knowing and / or failing...

Mandatory Electrical Test (EICR) before you can let any property will be Law very soon

14 Jan 2020 By Giles Parker of Nearly Legal. The draft of The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 has been laid in Parliament. The regs require a resolution of each house, so this will not be an immediate approval, but should be soon – it looks like the intention is for the Regs to be in force from 1 April 2020. From the draft, there will be a...

£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...

£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...

Crackdown on unlicensed HMOs in Islington leads to five housing prosecutions

Four landlords and a letting agent face bills totalling more than £20,000 after being prosecuted by Islington Council for operating unlicensed houses in multiple occupation (HMOs). HMOs are properties occupied by three or more people forming more than one household, and HMO licensing is used to tackle poor management of properties and drive up standards of accommodation in the private sector....

Criminal sentences after rental property carried “risk of death”

11 Sep 2020 Two suspended sentences, community service, a fine and disqualification from being a director - those form the penalty for a rogue landlord guilty of letting out a property as a dangerous and illegal hostel. After three years of serving prohibition notices and bringing the case through the courts, Kent Fire and Rescue Service and the Health and Safety Executive jointly brought legal...

Bristol housing charity tops list of UK’s most-prosecuted landlords

Charity set up to house homeless among landlords convicted of making money from substandard properties but still letting homes to tenants, research finds A Bristol-based charity that receives thousands of pounds in housing benefit to accommodate vulnerable people has topped a list of the UK’s most-prosecuted landlords compiled. Alternative Housing, which was established to provide accommodation...

“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...

Landlords: Protect Yourself against 10 Million New Housing Inspectors

Seminar: What EVERY Landlord needs to know about avoiding massive fines and 'ambulance chasers'. Full day in-depth seminar. Thursday, 5 September '19   12pm - 6pm London SW1 Book tickets here On 20th March this year the Government appointed 10 MILLION new housing inspectors. They are not employed. They are on commission for getting Landlords sued. Which means they are highly...

Success! We bat 5 over zealous council court summonses into the long grass – defending older landlord

20 Nov 2020 A LONG READ – Well Worth it. Especially if you were born between 1950 and 1980 and, you are a LANDLORD. A client Of Landlord Licensing & Defence who has lived in abject terror for months due to bullying and ridiculous Local Council action had a Happy Outcome at Court today! Terrified by Council Enforcement; a client who had been summoned to court by an overly aggressive local...

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...

Oxford City Council has collected a total of £31,606 in penalties for housing offences from its first three cases since the introduction of new financial penalty powers

Oxford City Council has collected a total of £31,606 in penalties for housing offences from its first three cases since the introduction of new financial penalty powers to help crackdown on rogue landlords and improve safety for renters. In the biggest of the three fines, a landlord who owns a rented property on Garsington Road received financial penalties totalling £25,298 for failing to...

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...

Two Staffordshire landlords fines for health and safety breaches

11 Jun 2019 Two landlords in Staffordshire have been ordered to pay more £5,000 after allowing their tenants to live in poor conditions Brian Kite was fined £256 and ordered to also pay £2,378 in costs and a victim surcharge of £30, while Beryl Kite was fined £207 and ordered to also pay £2,378.88 in costs and a victim surcharge of £30 – a total of £5,279.88, after pleading guilty at North...

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,...

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...

Fitness For Human Habitation Act 2019

The Act came into force on 20 March 2019.

 It is designed to ensure that all rented accommodation is fit for human habitation and to strengthen tenants’ means of redress against the minority of landlords who do not fulfil their legal obligations to keep their properties safe.

“This Act Gives All Tenants The Power To Sue Their Landlords!”

There are no new obligations for landlords under this Act!

Contrary to popular opinion, this legislation doesn’t require landlords to comply with any new health and safety requirements! It merely requires them to ensure that they are meeting their existing responsibilities with regards to property standards and safety!

In effect, the Fitness For Human Habitation Act, amends the Landlord and Tenant Act 1985 so as to require all landlords (private and social) to ensure that their properties, including any common parts of the building, are fit for human habitation at the beginning of the tenancy and throughout.

The Act states that there is an “implied agreement” between the tenant and landlord at the beginning of the tenancy that the property will be fit for human habitation.

Landlords who do not maintain safe properties prevent the operation of an effective and competitive rental market where all landlords operate on an equal footing. The government wants to support the majority of good landlords who provide decent and well-maintained homes. And so:

This Act provides an additional means for tenants to seek redress by giving them the power to hold their landlord to account without having to rely on their local authority to do so.

The government expects standards to improve as tenants will be empowered to take action against their landlord where they fail to adequately maintain their property. This will level the playing field for the vast majority of good landlords who are already maintaining homes fit for human habitation without serious hazards, by ensuring that they are not undercut by landlords who knowingly and persistently flout their responsibilities.

If you have a claim against you – click here to get help ASAP

What are the criteria for ‘Fitness for Human Habitation’?

The courts will decide whether a property is fit for human habitation by considering the matters set out in section 10 of the Landlord and Tenant Act 1985.

These are whether:

  • the building has been neglected and is in a bad condition
  • the building is unstable
  • there’s a serious problem with damp
  • it has an unsafe layout
  • there’s not enough natural light
  • there’s not enough ventilation
  • there is a problem with the supply of hot and cold water
  • there are problems with the drainage or the lavatories
  • it’s difficult to prepare and cook food or wash up
  • or any of the 29 hazards set out in the Housing Health and Safety (England) Regulations 2005

It is for the courts to decide whether the dwelling is fit for human habitation.

A Housing Health and Safety Rating System (HHSRS) assessment by the Council is not necessary. However, a landlord should to carry out a private HHSRS assessment if they want to mount a defence or establish whether a serious health and safety hazard is present.

The court may also make a decision on unfitness without expert advice. For example, if there were no plumbed sanitary conveniences in the property an expert opinion would not be necessary as the property would evidently be unfit.

 Get Help ASAP

If you’ve received notice of court action by your tenants under the Fitness for Human Habitation Act you need specialist help and you need it fast!

Not only are you looking at civil action in the courts, once your coincil discovers that you have a Fitness for Human Habitation found agaisnt you, you will find the is Council declaring you a Not Fit and Proper Person to be a Landlord and refusing or withdrawing licenses in a way that can destroy your business. We can find solutions for you that will save your business from ruin.

Engage immediate help from experts in Housing Act Legislation and Regulation like ourselves at Landlord Licensing and Defence.

Don’t expect that you will be able to get the action dropped. There is a very low chance of that.

However, what can be done – and we achieve this on a weekly basis – is for us, as your representative, to negotiate an out of court settlement. We can do this because we know the legislation and we know from experience HOW to negotiate.

And remember, our discussions with the tenants representative 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.

Don’t delay – contact us immediately for the help you need.  Time is absolutely of the essence.

Click here to get help ASAP

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Success Stories

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...

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. ...

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. *...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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