Housing Act 2004 Section 72(1) Unlicensed HMO

 

 

Landlords warned over housing rules as £16,000 fine dished out in Wolverhampton

Warnings have been issued to rogue landlords in Wolverhampton after council officers issued a £16,000 penalty to a homeowner flouting the rules. Wolverhampton council handed a Whitmore Reans landlord the huge financial penalty for running a house in multiple occupation (HMO) without a licence. It is the first time the council's housing team issued a civil penalty to a landlord for failing to...

Ex-professional footballer scores own goal as landlord of unlicensed properties

21 Oct 2019 Once again the Council prosecutes purely for lack of licences. There is no mention in the following story of the landlord providing substandard accommodation. Decent (but unlicensed) landlords beware and contact Landlord Licensing and Defence if you are in this situation before this happens to you. A landlord has been fined over £25,000 after admitting 12 licensing offences. Former...

Property manager hit with £10,500 fine for unlicensed HMO

Property manager hit with £10,500 fine for unlicensed HMO A company and the manager of a house of multiple occupation (HMO) in South Hampstead, north-west London, have been hit with a hefty fine following legal proceedings brought by the Camden Council. Manager of the property, Benjamin George Wilson, aged 40 from Barnet, having earlier pleaded guilty to operating an HMO without an HMO licence,...

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,...

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 handed two-year ban and £41k bill for putting tenants’ lives at risk

A man who rented out rooms above a town centre bar has been banned from being a landlord after putting the lives of his tenants at risk. Dean Dunkley, 41, of Dunchurch Road in Rugby, has also been ordered to pay more than £41,000 in legal costs by the magistrates after he was found guilty of a number of offences. The prosecution was brought by Rugby Borough Council after several inspections of...

Landlord punished over safety case

21 Jan 2013 A LANDLORD risked his own tenants' lives by allowing them to stack furniture on a staircase. He has now been prosecuted by the city council for failing to keep the fire escape of his Chorlton property clear. The council decided to take legal action after making a number of visits to Alan Selkirk's property on Oswald Road. Manchester Magistrates Court heard that between September and...

Three rogue lettings agents expelled by The Property Ombudsman

24 Oct 2019 The Property Ombudsman has expelled three lettings agencies from its scheme because of unpaid awards to landlord clients. The first is Kingsman Property Limited (trading as Kingsman Property) in Essex, which owes a landlord £14,921.23. A landlord made a complaint to The Property Ombudsman after claiming that the agent failed to pass on rent owed to him, which had been paid by the...

Rent-to-renter fined £20,000 for illegally sub-letting HMO

04 Oct 2019 In an unusual and possibly unique case Brent council in London has prosecuted a tenant who sub-let property without agent's knowledge. A tenant in London has been fined £16,000 for sub-letting a house illegally as an HMO in a move that many in the industry will welcome as councils have begun to bear down heavily on agents and landlords who break the rules. The tenant, who has been...

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

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

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...

Leeds landlord has been fined for renting out this mouldy, unsafe house

2 May 2019 A woman living in this dangerously maintained house in Chapeltown has been awarded compensation after her landlord was taken to court. Andrew Watson, of Harehills Avenue in Chapeltown, was fined £6,500 and ordered to pay victim compensation of £1,000 after he repeatedly ignored legal notices served by Leeds City Council regarding the condition of a house he was renting out on Hill Top...

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...

And this is why Landlords have a bad name

29 Jul 2019 Announcement follows an investigation and police action into the notorious landlords and businessmen. The landlord business of father and son Salvatore and Robert Lopresti is subject to an “urgent” investigation by the council’s housing enforcement team. The announcement follows an investigation into the family ice cream and property rental businesses that resulted in a police...

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...

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...

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...

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 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...

Landlord fined for operating illegally

Nasar Shaikh, of Coleshill Road, Birmingham, was fined £5,000 after failing to obtain a licence from Waltham Forest Council to rent out a two-bedroom flat on Theydon Street, Walthamstow. The landlord let the property to a young family who had been living at the house since 2010. The council identified the address in 2017 as one that needed a licence, but when officers contacted Shaikh, after...

Special Offer £71,600 – Rogue Landlord Special

A new case just in. A new slant on property investment: Here we have a landlord with a 6 Bed HMO in the Northern Home Counties.  This case is a cookie-cutter duplicate based on a pattern we are seeing on a week in, week out, basis. It starts with a Council realising that there is a property on their patch which might be an unlicensed HMO. They then go into overdrive. The format is usually a...

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...

Yet another Landlord fined for unlicensed (but faultless?) HMO. Spalding

06 Nov 2019 Landlords need to be fully aware that failure to have the necessary licence will result in prosecution or fines by the Council or Local Authority even if there is nothing wrong with the property. South Holland Council in Lincolnshire made this press release recently where Councillor Christine Lawton, South Holland District Council portfolio holder for housing and health said: "This...

HMO Landlords: Guilty Until Proven Innocent

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

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...

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...

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...

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...

£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...

Millionaire wife of Britain’s biggest buy-to-let landlord who banned single mothers and Indians must pay £25,000 after failing to fix disabled tenant’s hot water for five months

Judith Wilson, 68, failed to fix a disabled tenant's hot water for five months Ashford Borough Council served her a notice after ex-tenants complained She was found guilty of failing to comply with an enforcement notice at a court Wilson was fined £10,000 and she was ordered to pay costs of almost £15,000 A millionaire landlord has been ordered to pay £25,000 after she disobeyed a notice to to...

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,...

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 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...

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...

Stevenage BTL investor fined for attic room

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

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...

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...

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...

Fatal fire in unlicensed house leads to £15k fine and entry on rogues database

20 Jan 2020 A judge has ordered two landlords to pay a total of £14,858 for illegally renting out an unlicensed house without working smoke alarms to tenants whose teenage son died after it caught fire. Firefighters attended the scene in Thornton Heath, south London, last March but 13-year-old Kuzi Matope went on to die in hospital in April. The cause of Kuzi’s death has yet to be determined at...

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...

Dawn raid finds 17 tenants crammed into sub-let HMO

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

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...

Criminal record for buy to let investor who didn’t have the right paperwork

3 May 2019 A buy to let investor has been left with a £2,000 bill and a criminal conviction after letting out his property without the appropriate licence. Anthony Bellingham was prosecuted by a council in County Durham us for breaching the requirements of a licensing scheme in the Easington Colliery area. Local magistrates heard the council received information last May suggesting that a...

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...

Wirral Council Extends Selective Licensing Scheme

Landlords are being warned that Wirral Council is extending its selective licensing scheme, after a family of landlords was fined more than £16,000 for failing to comply with the system. From April 2019, streets in Birkenhead, Hamilton Square and Seacombe will become subject to selective licensing, which means that all landlords with properties in these areas must apply for a licence to let...

Landlord fined for failing to make safety improvements

A landlord who failed to comply with an Improvement Notice and carry out essential repairs to his property was ordered to pay fines and costs of almost £800 following an investigation by Harrogate Borough Council. Private landlord Damian John Green, of Heather Lea Avenue in Sheffield, failed to carry out the required works to his rental property on Robert Street, Harrogate, within the agreed...

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...

Now Council Licensing are doing Dawn Raids just like the Drug Squad

22 Jan 2020 An investigation was launched this morning into the safety of residents in 10 rented properties operating without landlord licences. Officers from Slough Borough Council knocked on the doors of the 10 properties simultaneously at 5am to examine the living conditions in the houses on Alexandra Road, Chalvey. All the terraced homes are owned by the same people who have not obtained a...

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...

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...

Housing Act 2004 Section 72(1)

 If you’ve just searched for the term Housing Act 2004 Section 72(1), then the chances are very high that you’ve received a letter from your Council’s Housing Enforcement Officer similar to the ones in the photos.

It means that your Council Housing department have already decided that you are guilty without trial of Criminal Acts in relation to The Housing Act 2004 and related Regulations. Often they do not have enough evidence. But most landlords don’t understand the danger they are in and happily give the Council more and more evidence with which to prosecute them.

In the case of Housing Act 2004 Section 72(1) it means they have decided you are guilty of operating an HMO without a licence. Even if you believe that you have rented out your property or a single-family dwelling or a 3/4 person HMO that doesn’t require licensing, its very easy for your council to ‘suspect’ that you’re running an unlicensed HMO and that is all the evidence they need in order to hit you with Civil Penalty fines in the £1,000s – often around £8,000 to 12,000.

**Do not attempt to discuss your letter on notice with anyone at the Council before you take professional advice.**

Why?

Because, just like the police when suspecting someone of a serious crime, their only interest now is to get you to self-incriminate so that they can substantiate their “Guilty” decision and can then proceed to extract many £1,000s from you by way of Civil Financial Penalty Fines or take you to Criminal Court.

You would not phone up the police for a bit of a chat to explain why you thought it was ok to drive at 105 miles per hour. You would not dream of giving them all the evidence thy need to prosecute you without having professional representation.  In exactly the same way, to avoid giving the Council all the evidence they need to prosecute or fine you.

And we hate to say it, but you probably are guilty. It is extremely easy to be guilty of offences under the Housing Act(s). 

Click here to get help ASAP

Failure to apply for an HMO Licence

 (Many councils’ favourite ‘crime’ is that of failing to apply for an HMO (or Selective) Licence.

 They will raid a house that they think *might* be a licensable HMO of 5 persons under that Mandatory HMO Licensing legislation (or 3 if they have an Additional Licensing Scheme in operation) and they only have to suspect there could be a fifth person living there that you’re probably not even aware of.

Quite often it’s just a visiting girl or boyfriend – but that’s enough for them to throw the book at you.

And throwing the book at you is exactly what they will do because as well as deciding you are guilty of a section 72(1) offence they will then set out to find you in breach of ALL of these ‘relevant housing offences’ under Section 249A:

Many councils’ favourite ‘crime’ is that of failing to apply for an HMO (or Selective) Licence. They will raid a house that they think *might* be a licensable HMO of 5 persons under that Mandatory HMO Licensing legislation (or 3 if they have an Additional Licensing Scheme in operation) and they only have to *suspect* there could be a fifth person living there that you’re probably not even aware of. Quite often it’s just a visiting girl or boyfriend – but that’s enough for them to throw the book at you.

 And throwing the book at you is exactly what they will do because they will set out to find you in breach of ALL of these ‘relevant housing offences’ under Section 249A:

  • Housing Act 2004 Section 30 – failure to comply with an improvement notice
  • Housing Act 2004 Section 72 – failure to licence an HMO
  • Housing Act 2004 Section 95 – failure to licence a house under Part 3 of the Housing Act 2004 (i.e. failure to apply for a Selective Licence)
  • Housing Act 2004 Section 139(7) – failure to comply with an overcrowding notice
  • Housing Act 2004 Section 237 – failure under the Management of Houses in Multiple Occupation Regulations (England) 2006 including (and they usually create a separate Civil Penalty for each of these that they can get you on):
    • Regulation 3 – failure to display the managers full details prominently in the HMO
    • Regulation 4 – failure of the manager to take safety measures
    • Regulation 5 – failure of the manager to maintain water supply and drainage
    • Regulation 6 – failure of the manager to supply and maintain gas and electricity
    • Regulation 7 – failure of the manager to maintain the common parts, fixtures fittings and appliances
    • Regulation 8 – failure of the manager to maintain living accommodation
    • Regulation 9 – failure to provide (adequate) waste disposal facilities

 Usually by the time they have totted up all this lot, a Landlord of a single HMO can be staring at £20,000 to £50,000 of Civil Penalty Fines in the face.

Click here to get help ASAP

Not Fit and Proper Person

But that is not all. The chances are very high that they will continue after issuing this letter to declare you to be a Not Fit and Proper Person to hold a licence – they will do this by refusing to grant a licence for your property in your name. If you have other licenced properties they will often issue a Notice to Revoke licences.

Councils can completely destroy your business.

And just for good measure, many councils’ not only make your tenants aware that they can reclaim up to 12 months’ rent from you because you didn’t have a licence when you should have had one. Many Councils even help tenants to fill in the forms.

Click here to get help ASAP

PACE inverview under caution

If you see ‘helpful’ words in the letter like

“If you would like a meeting to discuss the proposed financial penalty before making your representations,
then please contact the xxxxx team so arrangements can be made to meet at the Town/City Hall”

Do NOT make any such arrangements. This is a trick to get you to attend a PACE (Police And Criminal Evidence ACT) interview under caution.

The sole purpose of which is to trick you into self-incrimination 

Click here to get help ASAP

 Get Help ASAP

If you’ve received one of these Housing Act Section 249A and Schedule 13A: Financial Penalties letters you need to act fast because you have very little time before the fines are imposed.

 Click here to get help ASAP

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

Don’t think that you will be able to get these fines dropped. There is a very low chance of that. As we said above, it’s very easy for a council enforcement officer to find you guilty and you are Guilty until Proven Innocent.

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

And remember our discussions with the Council 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.

If the is Council declaring you a Not Fit and Proper Person and refusing or withdrawing license we can find solutions that the council will accept  that can save your business from ruin.

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

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...

Brentford Developer

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

Putney – An Unexpected Solution

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

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...

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. *...

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...

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...

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...

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...

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...

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...

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. ...

The Legal Stuff 

Housing Act 2004 Section 72 Offences in relation to licensing of HMOs

72 (1) A person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part (see section 61(1)) but is not so licensed.

The penalties are contained in 72(6) (7) and (7A) as follows

72(6) A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine.

72(7) A person who commits an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. [level 5 is an UNLIMITED fine together with prison if the magistrates so decide]

72(7A) See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England).

Click here to get help ASAP

Let’s Get Started

Contact us NOW for a 20 minute consultancy call

Subscribe to receiveall the latest updates on regulation and legislation

Join our newsletter & mailing list to receive the latest news and updates from our experts.

You have Successfully Subscribed!