Fitness For Human Habitation

 

 

£30,000 fine for lack of safe fire escape route – as resident hangs off guttering to save his life

A resident was found standing on a windowsill hanging from guttering and had to be rescued by firefighters. This was because he was unable to access any emergency escape route during the fire due to inadequate fire precautions. These were problems that would have been identified if the management company had undertaken a Fire Risk Assessment. Management company Harper Stone Properties Ltd has...

HMO landlord fined after Barnet Council investigation

A landlord has been ordered to pay £2,650 in fines and costs after failing to licence a House of Multiple Occupation (HMO), following a successful prosecution by Barnet Council. Investigators discovered that the two-storey property in Hamonde Close, Edgware, was housing seven people during an evening inspection by the council’s Private Sector Housing Enforcement Team. They wrote to the owner,...

Fire risk assessor prosecuted brings serous doubt to DIY Fire Risk Assessments

09 Sep 2019 South Yorkshire Fire & Rescue has welcomed the prosecution of a fire risk assessor, saying it proves that there are consequences for failing to comply with safety laws. David Thompson of Toftwood Health & Safety Solutions was fined £750 and ordered to pay a £170 surcharge and £1,000 costs at Sheffield Magistrates Court on Friday (23 August) for failing to provide a suitable...

BTL landlord ordered to pay £9,500 for failing to maintain property

02 Mar 2020 A buy-to-let landlord in Liverpool has been ordered to pay almost £9.500 after failing to provide acceptable living conditions for his tenant. John William Kildare was found guilty of failing to comply with an Improvement Notice after allowing his tenant to live in dangerous conditions. According to Liverpool City Council, the Hanford Avenue property, in Orrel Park, had a long list...

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...

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...

Somerset Council warns Landlords could be hit with financial penalties of up to £30,000

9 MAR 2019 North Somerset council is cracking down on rogue landlords Landlords are being warned they face financial penalties of up to £30,000 if they fail to keep their rented properties in good condition. North Somerset Council bosses have issued the warning as the authority steps up its efforts to tackle poor rented accommodation in the area. Officers from the private rented sector housing...

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...

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...

£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 hit with £180,000 penalty: how to avoid a buy-to-let fine

Birmingham court hands down record-breaking buy-to-let penalty A rogue landlord has been ordered to pay more than £180,000 in fines after tenants were left living in unsafe and unacceptable conditions at four properties. Leila Amjadi, the head of Vertu Capital Ltd, was found guilty of 35 offences relating to fire safety violations and poor maintenance, and was handed a record-breaking fine by a...

I would have sent you to prison if I could – Judge tells Landlord

10 Dec 2019 A landlord has been ordered to pay almost £20,000 and has been told by a judge that he was meaner than Scrooge. George Lindsay, from Birmingham, has pleaded guilty of failing to obtain an HMO licence and to 13 breaches of HMO Management Regulations. He has been ordered to pay a fine of £19,970. When issuing the sentence, the district judge commented that Scrooge was a philanthropist...

Angry landlord chucks council safety inspector down the stairs in bid to thwart property inspection

13 Jun 2019 He also grabbed him in a bear hug. A landlord in Lincoln grabbed a council worker and pushed him down the stairs in a bid to stop him inspecting his property, a court heard. Brian Goodwin was unhappy after two City of Lincoln Council private housing officers called to carry out a safety inspection on the home he owns in Union Road in July 2018. The two workers were doing the checks...

Doncaster Landlord gets Banning Order

18 Dec 2019 A landlord has been banned for two and half years after repeatedly putting tenants’ lives at risk by letting unsafe housing. This landlord banning order - in Doncaster - is reportedly the first in the North of England and only the third achieved by a council since the order came into effect in April 2018. Following a hearing in October the Property Tribunal Service banned Almas...

Just Move Estates fined £10k for failing to install smoke alarms in rented house in Leyton

Just Move Estates in Hoe Street, Walthamstow, had claimed that tenants removed three smoke alarms from the house on Melford Road, Leyton, but upon inspection, council officers found no evidence they were ever installed. They were fined by Waltham Forest Council, using powers from the Housing & Planning Act. The council issued a civil penalty against Just Move Estates, which the company...

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...

Rogue landlord in Harrow faces jail if he doesn’t pay £1.5m fine

Vispasp Sarkari convicted after being caught cramming families into squalid properties A rogue landlord who illegally carved up family homes to create cramped bedsits and charged tenants hundreds of pounds a month is facing prison unless he pays what is believed to be a record £1.5m penalty for breaking planning laws. Vispasp Sarkari, 56, from Harrow, north-west London, has been ordered to pay...

Landlord fined £177,000 for putting tenants at risk

A neglectful landlord, who allowed his tenants to occupy a property without working smoke alarms, a lack of sufficient fire doors and an external escape route that was in a poor state of repair, even after repeated warnings from the local council, has been fined £177,000 for serious breaches of fire safety regulations. Philip Anthony Brotherton, the owner of Cresctcourt Properties Ltd, accepted...

Landlord and managing agent fined £22,000 for unlicensed HMO

Kuppusami Selvarajan and his agent S3A Management Limited must pay sum which includes fines and costs and will also have to return rent to eight tenants. The landlord and managing agent of a property in North London have been fined nearly £22,000 between them for operating it as an unlicensed HMO at which inspectors found tenants living in Dickensian conditions. Both Kuppusami Selvarajan and his...

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...

Landlords prosecuted after flouting licensing laws in Gainsborough

Three landlords have been prosecuted for licensing offences in Gainsborough. Collectively the landlords, who all live outside of the West Lindsey area, were ordered to pay fines, costs and victim surcharges totalling more than £6,000. They all pleaded guilty to selective licensing offences during a hearing Lincoln Magistrates Court on June 4. Coun Sheila Bibb, chairman of the prosperous...

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)...

Rent Repayment Order £12,025 for Rent-to-Rent Flat in London SE10

15 July 2019 Case summary by Phil Turtle, Landlord Licensing and Defence. A rent-to-rent company fined £12,025 including costs by way of Rent Repayment Order in addition to £5,000 Civil Penalty Fine for failing to Licence the property which had become an HMO through sub-letting via a rent-to-rent company. The Landlord and owner of the leasehold flat (Mr E.) had let the flat through a letting...

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,...

Landlords Beware: Accidental Landlord Punished More for Harmless Error Than Criminals Are Punished For Assaulting Police Officers!

27 May 2019 Sometimes the law seems grotesque, says ex-deputy chief constable – Tom Wood. A friend who made an honest mistake as a new landlord received a greater punishment that a criminal who assaulted a police officer, writes Tom Wood. I was reminded of the famous verse from The Crocodile Song when I attended a recent sitting of the First Tier Housing and Property Tribunal for Scotland. In a...

Countrywide chain Beresford Adams and landlord together fined £30,000 over HMO

23 Sep 2019 Wrexham council discovers that HMO is unlicensed and that conditions at the property include inadequate fire safety provision. A landlord and her letting agent, 28-branch Countrywide chain Beresford Adams, must pay a total of £32,300 in fines, costs and victim surcharge after an HMO visited by inspectors in Wrexham found it to be unlicensed. Landlord Jane Sabio, who had pleaded...

Record £20,000 fine for unlicensed landlord with 62 properties

Local man Charles Baker is to pay fine and costs after failing to gain relevant licences from Rent Smart Wales. A Welsh landlord with 62 apartments within 16 rented properties has been fined a record £20,000 for failing to obtain a licence from Rent Smart Wales to operate them. Charles Baker of Cyncoed Road, Cyncoed, Cardiff was found guilty at the city’s Magistrates Court and will now have to...

Court puts Charge on Landlord’s Property for £37,000 unpaid Civil Penalty

12 Dec 2019 An unlicensed landlord who let out rooms with dangerous electrics and refused to pay a civil fine, has been told he must pay the fine before he can sell the property. Slough council took a civil case against the landlord due to the dangerous standard of living conditions in the Home of Multiple Occupancy. A £37,000 penalty charge notice was issued in June this year due to a breach of...

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...

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

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

Landlord ordered to pay more than £20k

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

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...

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...

Repayment and banning orders may be applied to landlord

06 Dec 2019 A council says it is considering seeking a banning order and a rent repayment order against a landlord already fined over £150,000. The landlord’s offences included failing to rectify safety hazards in a property to let. Latif Rehman of Birmingham, was fined a total of £151,070 by Wolverhampton Magistrates Court for three breaches of an Emergency Prohibition Order served in relation...

Airbnb host fined £100,000 for letting council flat

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

Landlords fined £3,800 in council’s first rented homes licensing prosecution

A council’s first prosecution over HMO licenses cost two landlords nearly £4,000. Appearing at Worcester Magistrates Court, Bing Wang and Yan Shao, were both convicted of renting out an unlicensed HMO to students when the property did not meet key safety standards. Wang and Shao were ordered to pay over £3,800 in fines and costs. The case was the first prosecution brought by Worcester City...

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...

BTL landlord ordered to pay more than £25k for unlicensed properties

18 Oct 2019 A buy-to-let landlord in Nottingham has been fined £24,000 and told to pay £1,100 costs as well as a victim surcharge of £170 after being convicted of 12 licencing offences. Dexter Blackstock, 33, was convicted of nine offences of failing to license properties under the Selective Licensing scheme at Nottingham Magistrates’ Court. These properties were in Addison Street, Haydn Road,...

Six month custodial sentence for criminal landlord

03 Jul 2019 A Derby landlord has been handed a six month prison sentence following a successful prosecution by Derby City council. Mr Rajinder Narroya was prosecuted by the Derby City Council Housing Standards Team at a case heard in South Derbyshire Magistrates Court on Thursday 20th June. The prosecution related to two offences about rented flats on Uttoxeter New Road, Derby. Following...

Are you running an HMO without realising it?

How many rooms do you have in your rental property? How many people are living there? Could you be at risk of being targeted by local government's current crackdown on unlicensed HMOs (Houses in Multiple Occupation)? HMOs can be a serious pitfall for landlords, with the potential to cost you large sums of money in penalties and litigation. A couple of recent news items have reminded us how...

Landlord fined £340,000 in 2017 is now fined another £150,000

02 Dec 2019 A rogue landlord has been fined more than £150,000 after failing to rectify safety hazards in a property he let. Two years ago Rehman was ordered to pay in excess of £340,000 after illegally converting houses into bedsits. A rogue landlord has been fined more than £150,000 after failing to rectify safety hazards in a property he let. Latif Rehman of Birmingham was fined a total of...

Landlord fined £50,000, for failing to licence 2 HMOs

Following a trawl of Letting Agents Web sites properties for let were discovered for rent and had no house in multiple occupation Licences. Harmesh Bagga, landlord of 3 properties let through Ignite Properties to students in Royal Leamington Spa has been fined £50,000 plus costs for failing to properly manage and obtain licences for each of his properties let in multiple occupation Magistrates...

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....

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 Fined £2000 for substandard property

07 Oct 2019 A buy-to-let landlord in Sutton has been ordered to pay more than £2,000 after failing to provide acceptable living conditions for his tenants. Jonathan Patrick Hoey was found guilty of breaching an emergency prohibition order by the district council issued two months earlier. The action was taken in relation to a property he owned on Seagate Farm in Long Sutton, Spalding,...

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...

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...

Rogue landlord fined as council clamps down on ‘unacceptable living conditions’

"I hope this sends a clear message - we want to clamp down on unacceptable living conditions." A landlord has been fined for his failure to have a licence in place for the House in Multiple Occupation (HMO) in Barnstaple which he owns and manages. Mr Franco Capocci was found guilty on 31 July at North and East Devon Magistrates Court of failing to obtain a licence in relation to The Gables at 4...

£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 -...

Landlord without HMO licence fined £20,000

A £20,000 fine has been handed to a landlord and his managing agent for failing to secure a House of Multiple Occupation (HMO) licence for their three-storey property. After its community safety team received complaints about waste storage and nuisance behaviour, Barnet Council discovered 13 tenants living in the house, which is in Edgware. An eight-month-old baby was found living with a couple...

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

Success Stories

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...

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...

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...

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...

Putney – An Unexpected Solution

A Landlord had purchased a property and wanted to know how to turn it into a HMO and operate it legally as serviced accommodation. It was an ex-council terraced property.   Turning it into a HMO had not been an issue, however the quality of works which had been undertaken to do so was incredibly bad and would not pass regulations under any circumstances. This owner had not been paying proper...

Kedleston Road

Handled negotiations for the Client, a Tenant Company where the Letting Agent (as they so often do) was wrongly insistent on using an Assured Shorthold Tenancy, which was the incorrect agreement and not fit for purpose. (An AST is for individuals and not for Companies it is Housing Act 1.1 a. One ought to be able to expect better from Letting Agents!) Protracted negotiations, as we discovered as...

Solihull HMO

The property owner had owned the property for 20 years or so and two years previously had rented it to a corporation that had put 5 occupants into the property. From the 1st October 2018, all properties with 5 occupants, not all related, were required to have a Mandatory HMO (House in Multiple Occupation) Licence applied for by that date.  The corporation had agreed that it would carry out the...

Brentford Developer

A property developer had decided to change a three-bed semi-detached house into a 6 bedroom all en-suite HMO. Initially we inspected the property at purchase and contributed to best practice and design aspects to comply with planning use under permitted development and HMO Licensing.  As an expense saver and ongoing economy we suggested the removal of gas at the property and use of...

West London Company Let

The client was renting the residential property to a Company who help vulnerable young adults and was trying to ascertain if the property needed a licence. His tenant was a corporate company which was providing an immigrant orientation service and also providing their living accommodation.  On contacting us he had attempted to connect with the local Council a number of times to no response. ...

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...

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. *...

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...

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