Category: Opinion
How does HMO licensing apply to purpose-built student accommodation providers?
A recent rent repayment order (“RRO”) tribunal case has again highlighted the importance of purpose-built student accommodation (“PBSA”) providers being aware of their obligations in respect of licensing houses in multiple occupation (“HMOs”). In the decision of LDC (Ferry Lane) GP3 Ltd v Garro & Ors, the Upper Tribunal dismissed the PBSA […]
read moreWhere next for regulation of the private rented sector?
With the general election now behind us, we have a new Labour government with a significant parliamentary majority and a strong mandate for change. Within the Ministry of Housing, Communities and Local Government (the department has reverted to its old name), the Rt Hon Angela Rayner MP has been appointed […]
read moreBefore imposing a financial penalty or pursuing a banning order against a private landlord, the local authority must serve a valid notice of intent
The precision and clarity of notices of intent (NOIs) served by local authorities is crucial, especially since some defects in the notices can invalidate them while others don’t, leaving landlords uncertain. Contrasting outcomes in two recent cases discussed below demonstrates that if the council wants to punish you for breaches […]
read moreUpper Tribunal ruling explores adequacy of reasons for serving landlord civil penalty notices
The Upper Tribunal has provided guidance and advice on the vexed question of how local authorities should comply with their duty to provide reasons when issuing civil penalty notices (“CPNs”) that allege the commission of housing offences [Welwyn Hatfield Borough Council v Wang [2024] UKUT 24 (LC)]. Under s.249A of […]
read moreCan landlords return a tenancy deposit by cheque?
There are various reasons why a landlord of residential property might want to give a tenancy deposit back to the tenant. If the landlord wants the tenant to move out, early return of the deposit will help the tenant with getting together cash needed to secure new accommodation. Sometimes it […]
read moreAppeals against the imposition of financial penalties under Housing Act 2004: extensions of time when appeals are submitted late
The Upper Tribunal (“UT”) has allowed an appeal brought by a landlord against a decision of the First-tier Tribunal (Property Chamber) (“FTT”) that had refused him an extension of time in which to bring a challenge against a council’s imposition of a £13,250 penalty. In Kazi v. Bradford MDC [2023] […]
read moreExcessive and unjust – Upper Tribunal decision on council’s civil financial penalty policy
This landmark judgement by the Upper Tribunal brings further clarity to how civil financial penalties for HMO licensing offences should be calculated. In March 2022, Leicester City Council imposed a civil financial penalty of £29,817 under section 72(1) of the Housing Act 2004. It was a two storey property containing […]
read moreSpotlight on Haringey Council’s Additional Licensing Scheme
As part of the National Residential Landlord Association’s (NRLA) local government campaigning, a series of audits are being carried out on active discretionary licensing schemes to ensure complete transparency and accountability. The aim of these audits is to assess whether discretionary licensing is an appropriate action to take compared with […]
read moreRent Repayment Orders: why a landlord’s excuse must remain reasonable for the duration of the offence
The Upper Tribunal has imposed a rent repayment order on a landlord despite accepting that he was told by the council that he did not need a licence and that he would later be invited to apply for a licence. The case of Marigold and Ors v Wells [2023] UKUT […]
read moreNine point guide to spotting an out-of-date tenancy agreement
It is very important for landlords and letting agents to keep their tenancy agreements updated. Housing law changes constantly, and an old agreement will contain references to legislation which has been repealed. An out-of-date template will not accurately reflect the rights and duties of the landlord and tenant. Implied terms, […]
read moreHow far do managers of HMOs need to go to ‘ensure’ compliance with the Management Regulations?
In the recent case of Adil Catering Limited v The City of Westminster Council [2022] UKUT 238 (LC), the Upper Tribunal addressed the question of what does ‘ensure’ mean in the Houses in Multiple Occupation (HMO) Management Regulations. The Tribunal was concerned with the scope of the duty imposed on […]
read moreHow can landlords help low-income families manage the rising cost of living?
You know there’s a problem in the private rented sector when letting agents start talking about the unaffordability of properties for their prospective tenants. Agency chain Hamptons recently released research that sounded the alarm that households are about to be hit by ballooning energy bills and other cost of living […]
read moreSpotlight on Greenwich Council’s Additional Licensing Scheme
The Royal Borough of Greenwich is potentially looking to consult on the renewal of their borough-wide additional licensing, which is due to come to an end in September this year. As part of the National Residential Landlord Association’s (NRLA’s) campaigning on local government, a series of audits will be carried […]
read moreUnderstanding banning orders for landlords and letting agents
Banning orders came into force on 6 April 2018 and have given power to local authorities to apply to the First-tier Tribunal (“FtT”) for a ban against private residential landlords or agents where they are convicted of committing a “banning order offence” against a tenant, other occupier of the property […]
read moreLiability of Company Directors for Housing Offences
Corporate structure such as limited companies offer business owners and managers a way to avoid personal liability when things go wrong. The protection offered is mainly protection from commercial risks – the debts of a company do not become the debts of the shareholders and directors can only be held […]
read moreHow to get named and shamed: a guide to notoriety and public disgrace for landlords and agents
Public shaming as a form of punishment might sound barbaric and outdated, but it still exists, adapted for the digital age. The Housing and Planning Act 2016 created the legal foundation for the Government’s Database of Rogue Landlords and Agents, and the promise of this register of criminal landlords and […]
read moreWhat factors are considered when determining the amount of a Rent Repayment Order – Williams v Parmar [ 2021] UKUT 244 (LC)
The First-Tier Tribunal Property Chamber (Residential Property) (“the Tribunal”) has a wide discretion when determining whether to make a rent repayment order. A rent repayment order is an order allowing tenants and local authorities to seek repayment of rent paid where the landlord has committed an offence under section 40(3) […]
read moreNo more RROs against superior landlords – what next after the Court of Appeal’s decision in Rakusen v Jepson?
The Court of Appeal has ruled that only the ‘immediate’ landlord of a tenant can be liable for a rent repayment order in the important decision Rakusen v Jepson. In the First-tier Tribunal, and then a second time in Upper Tribunal, the landlord’s argument that they could not be liable […]
read moreLandlord’s £5,000 penalty cancelled following successful appeal
In Summer 2020, I was approached by a private landlord for advice. He was renting out a House in Multiple Occupation (HMO) in the south of England. He was an experienced landlord operating several properties in the local area, and well aware of licensing requirments. Following an inspection of the […]
read moreFire safety developments in residential buildings
The tragic loss of 72 lives in the Grenfell Tower disaster over 4 years ago brought fire safety in high rise residential buildings (HRRB) into sharp focus. The rapid spread of flames externally was a result of failings to the external wall system ACM and insulation cladding. The ongoing public […]
read moreIs ‘rent-to-rent’ a doomed business model?
There’s no question that ‘rent to rent’ is a risky business model, but many landlords are drawn to its promises of easy money and hassle-free letting. Rent-to-rent continues to be popular among landlords, especially in London. ‘Rent-to-rent’ is a way of letting properties where the owner grants a lease to […]
read moreConfusion over electrical safety regulations leads to threat of enforcement action
I was recently asked for advice by a long standing client who operates a small portfolio of private rented properties. The landlord’s query related to a small HMO in a London Borough. I was familiar with the property as I had inspected it several years earlier. A property licence had […]
read moreWill private landlords be forced to join a ‘redress scheme’?
In England property managers and letting agents are required to be a member of a ‘redress scheme’. A redress scheme is an independent body set up to resolve complaints made by consumers against a member of the scheme. Landlords and agents who have complained to an agent can escalate their […]
read moreRefusal of mandatory HMO licence overturned on appeal
In Spring 2020, I was approached by a private landlord for advice. He was renting out a two storey House in Multiple Occupation (HMO) that required a mandatory HMO licence. He wanted to achieve compliance and had submitted an HMO licence application in May 2019. In late February 2020, the […]
read moreTenants’ Rent Repayment Order applications dismissed by Tribunal
In late 2020, I was approached by a landlord for advice. Four tenants living in a private rented property in Charlton, South East London, had submitted Rent Repayment Order (RRO) applications to the First-tier Tribunal. Directions had been issued and they needed professional advice. I carried out an in-depth case […]
read morePaper determination’ process is not a fair way to determine criminal guilt says Upper Tribunal
To make a rent repayment order or uphold a financial penalty on appeal, the First-tier Tribunal has to be satisfied beyond reasonable doubt that a criminal offence has been committed. Cases in the tribunal will not result in a criminal conviction, but a finding that a landlord or agent has […]
read moreHigh Court rules on possession notices and deposit certificates given by company landlords
The High Court recently handed down its decision in Northwood Solihull Ltd v Fearne & Ors [2020] EWHC 3538 (QB). This is an important case for corporate landlords as it explores the requirements for companies when signing notices seeking possession and deposit prescribed information certificates. In the case the judge, […]
read moreFinancial Penalties – not limited to just landlords and agents?
The Housing and Planning Act 2016 introduced a power for local authorities to impose fines of up to £30,000 on landlords and agents who commit a ‘relevant housing offence’ under section 249A(2) of the Housing Act 2004. These civil penalties, alongside banning orders and enhanced rent repayment orders, have changed […]
read moreWhy compliance is the best defence to a Rent Repayment Order claim
In late 2019, I was instructed to assist a West Midlands landlord who had received a Rent Repayment Order (RRO) claim from one former and one current tenant. The case was being heard by the First-tier Tribunal, RRO applications had been lodged and Directions issued. The property was a two […]
read moreIslington landlord defeats claim for £1 million confiscation order in the Court of Appeal
In the recent Court of Appeal case of The London Borough of Islington v Bajaj, we successfully defeated a Local Authority attempt to obtain a near £1 million confiscation order and maintained the original order that we had argued for in the Crown Court of just £200.00. We represented a […]
read moreTemporary Exemption Notices and the extended time period for Notices Seeking Possession
When a property is required to be licensed under the Housing Act 2004 but does not have a licence, in some circumstances the landlord or agent, may request a temporary exemption notice instead of applying for a licence. To do so, the landlord or agent must inform the local council […]
read moreCan Selective Licence conditions require a landlord to attend a training course?
In March this year the Upper Tribunal considered an appeal brought by a landlord who objected to a condition in a selective licence. The landlord, Mr Berg, argued that Burnley Borough Council had no power to impose a requirement for him to attend training courses under the conditions of a […]
read moreCourt of Appeal rules on law on gas safety certificates and section 21 notices
On 18 June the Court of Appeal delivered its judgement in the eagerly anticipated case of Trecarrell House Limited v Rouncefield (2020) EWCA Civ 760. In a split decision, the Court confirmed that where a landlord has given the tenant a gas safety record (“GSR”) late, the s.21 notice will […]
read moreHow many wash hand basins are required in a licensed HMO?
When the mandatory HMO licensing scheme came into force in April 2006, the government directed that in HMOs with five or more occupants, all units of living accommodation must contain a wash hand basin, unless there was already a sink. This highly prescriptive requirement was amended the following year by […]
read moreHigh Court confirm strict liability for operators of unlicensed HMOs
The Divisional Court have delivered their judgment (read here) in the joined cases of R (Mohamed) v Waltham Forest LBC, Secretary of State for Housing, Communities and Local Government (HCLG) intervening and R (Mohamed) v Wimbledon Magistrates’ Court, Waltham Forest LBC et al, Secretary of State for HCLG intervening [2020] […]
read moreDoes the Covid-19 lockdown mean I can delay starting my appeal or application to the Tribunal?
The Covid-19 pandemic has affected every part of the justice system, with most hearings being conducted by telephone or videoconference where they are not postponed. The Property Chamber of the First-tier Tribunal is in some ways in a better position than other courts and tribunals since most of its work […]
read moreHow quickly should an HMO licence application be processed?
In a recent blog post Richard discussed the government’s online HMO licence application process and raised the question of whether tacit consent can apply to licensing as the government website suggests (read here). He kindly invited me to write a further blog post discussing this issue. The concept of tacit […]
read moreDo landlords who already have an EICR need a new report to comply with the new electrical safety regulations?
The Government published the draft Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 in January which, subject to parliamentary approval, will impose new electrical safety standards in private rented properties from July 2020. The new regulations will be phased in – coming into force on 1 June […]
read moreA matter of respect: Upper Tribunal reinstates ‘generous’ penalties for Housing Act 2004 licensing offences
In Waltham Forest LBC v (1) Marshall (2) Ustek [2020] UKUT 0035 (LC) (read here), the Upper Tribunal has affirmed that, when considering an appeal against the amount of a financial penalty imposed under section 249A, Housing Act 2004, the First-tier Tribunal must give “special” and “considerable” weight to the […]
read moreSubmitting HMO licence applications via the gov.uk website
Whilst many councils have developed their own HMO licence application process, some councils signpost landlords to the online application process on the gov.uk website. In some areas, it is the only way you can apply for an HMO licence. Late last year, I was instructed to prepare an HMO licence […]
read moreResidential Property Tribunal Decisions – December 2019 update
Following the rapid expansion of housing regulatory powers, the role of the First-tier Tribunal has become increasingly important as an entry level challenge and review mechanism for the regulatory decision-making process. Keeping abreast of Tribunal decisions can be challenging for all parties. Whilst we publish blogs on significant Upper Tribunal […]
read moreSection 21 notice of seeking possession: “use it or lose it”
The ‘use it or lose it’ rules at s21(4D) of the Housing Act 1988 (read here), which apply only in England, prevent a landlord from starting a possession claim more than six months after a section 21 notice is served. The rule that a section 21 notice would expire after […]
read moreHow does the property licensing ‘fit and proper person’ test apply to spent convictions and underlying conduct?
The Upper Tribunal (Lands Chamber) has held that local authorities may – consistent with the protections in the Rehabilitation of Offenders Act 1974 and when determining applications for property licences under the Housing Act 2004 – consider evidence of conduct underlying spent convictions, and that they are in principle entitled […]
read moreBanning Order stops landlord from letting property for five years
A banning order has been made against a landlord in Telford, David Beattie. The order will prevent Mr Beattie from letting housing in England (or engaging in letting or property management work) for a period of five years, subject to an exception allowing him to deal with some existing tenancies. […]
read moreUpper Tribunal ruling on licence revocations when a property is sold
There has been an interesting new decision on the licensing of houses in multiple occupation. In Taylor v Mina An Ltd [2019] UKUT 249 (LC) (read here), the Upper Tribunal (UT) has overturned a refusal of a Rent Repayment Order (RRO) by the First Tier Tribunal (FTT). In some ways […]
read moreSuccessful appeal against a civil penalty for an alleged HMO licensing offence
Since 2017, local authorities have been able to impose a financial penalty if they are satisfied, beyond reasonable doubt, that someone has committed a relevant housing offence in England. The relevant offences are: If a relevant offence has been committed, the council can issue a penalty of up to £30,000 […]
read moreHow to rent guide updated, again!
On 31 May 2019, the government updated the How to Rent guide (here). This was the guide introduced as part of the changes made by the Deregulation Act 2015. The guide needs to be given to all tenancies that are new or renewed for a new fixed term after 1 […]
read moreCould a change in Prime Minister spark a change in policy for the PRS?
With Theresa May having announced she will step down as Prime Minister, the private rental sector will cast an eye on events, with more than a passing interest in the consequences. The past four years have brought radical change to the buy to let industry, at a time when demand […]
read moreAn end to “no fault” eviction? A legal FAQ on the repeal of section 21
The Government has announced that it is consulting on plans to abolish “no fault” eviction in England by repealing section 21 of the Housing Act 1988. The proposed scrapping of section 21 is to be accompanied by a package of reforms to residential tenancy law, including changes to the Section […]
read moreWhat is the acceptable size for a bedroom in a licensed HMO?
What may seem like a simple question unfortunately has no simple answer. In my experience, assessing the suitability of bedroom sizes is one of the most challenging aspects of HMO licensing. It is an issue I first touched on in a blog published in 2016 (read here). In this latest […]
read moreFitness For Human Habitation Act places new obligations on private and social landlords
Just before Christmas, on 20 December 2018, the Homes (Fitness for Human Habitation) Bill received its Royal Assent becoming the Homes (Fitness for Human Habitation) Act 2018 (‘FFHH’ for short) (read here). This Act makes changes to the Landlord and Tenant Act 1985 to require that all landlords ensure that […]
read moreIs the hiring out of property on Airbnb a breach of the lease?
Bermondsey Exchange Freeholders Limited v Ninos Koumetto (as Trustee in Bankruptcy of Kevin Geoghehan Conway) (2018) (Unreported) This was an appeal before HHJ Luba QC on whether the short term letting/commercial hiring of a flat on Airbnb was prohibited by the terms of a lease, and whether the granting of […]
read moreIs a ‘let only’ agent responsible for HMO licensing?
Many letting agents still take the view that licensing a property is something for landlords to worry about and they can simply leave it up to them. But managing agents who consider that ensuring that any required HMO or selective licence is in place is not their responsibility are quite […]
read moreWhy Rent Repayment Orders can pose a significant financial risk for private landlords
It is over 12 years since Rent Repayment Orders were first introduced under the Housing Act 2004. The legislation enables local authorities and/or tenants to recover up to 12 months rent if a landlord operates a licensable property without applying for a licence or a temporary exemption from licensing. In […]
read moreImportant changes to section 21 notice of seeking possession procedure after 1 October 2018
As all landlords and agents should be aware the Deregulation Act 2015 made substantial changes to the operation of section 21 notices in Assured Shorthold Tenancies (ASTs) in England. These changes first came into effect on 1 October 2015 but only for tenancies which started or were renewed for new […]
read moreCourt decides that property licensing fees must be charged in two stages and the names of occupants cannot be demanded on a licence renewal application
The case concerns R (Gaskin) v Richmond-upon-Thames LBC [2018] EWHC 1996 (Admin) A three Judge Divisional Court has decided that the HMO licensing scheme under Part 2, Housing Act 2004, is an authorisation scheme for the purposes of the EU Services Directive 2006 (EU Directive 2006/123/EC) and the Provision of […]
read moreConviction for managing an unlicensed HMO quashed on appeal: an application must be decided before instigating a prosecution
Mirza (1) City Based Lettings Limited (2) v Newcastle City Council, Newcastle Crown Court, HHJ Gittins, on appeal from Newcastle Magistrates’ Court, 8 June 2018 The Appellants appealed against the decision of the District Judge finding them guilty of three offences under s.72(1) Housing Act 2004: having control of or […]
read moreThe new How to Rent Guide – why issuing the correct version requires close attention to detail
On 26 June 2018, the government issued the fourth in their series of ‘How to Rent’ guides. The latest booklet updates the previous version issued in January 2018 and is intended to help tenants understand their rights and responsibilities when finding a home in the private rented sector. This is […]
read moreEnvironmental Health and Housing: issues in public health
A staggering amount has changed around housing policy and law since Environmental Health and Housing was first published in 2001. The completely revised second edition, ‘Environmental Health and Housing: issues in public health’ is due for publication in June 2018. This edition places environmental health more centrally within the public […]
read moreSelective licensing and licence conditions – the Court of Appeal gives a narrow interpretation to local authority powers
The Court of Appeal has recently given guidance about the scope of local authorities’ powers to insert conditions into licences granted under the the selective licensing regime (Part 3, Housing Act 2004 – houses let as separate dwellings). In the Brown v Hyndburn Borough Council case, the local authority had […]
read moreCan a landlord really say ‘No DSS’?
A recent report on the BBC (read here) has raised the issue of whether or not a landlord can refuse a tenant solely on the basis of them being on state benefits. It has been quite widely reported and has even caused a question to be raised in the Welsh […]
read moreKhan and Reid: the Upper Tribunal considers the length of landlords’ property licences
Twice this year the Upper Tribunal (UT) has considered appeals relating to the length of a landlord’s property licence. The first appeal was Waltham Forest v Khan [2017] UKUT 153 (LC) and the second was Waltham Forest v Reid [2017] UKUT 396 (LC). In both appeals the UT examined Waltham […]
read moreLetting agent fee ban bill published
The government has today published its response to the consultation on banning letting agent fees to tenants (read here) along with a draft bill (read here). Consultation Response There was a disparity between the views of agents and tenants in terms of the response to the consultation. Most agents felt […]
read moreImproving private rented housing in Hammersmith & Fulham: choosing the right licence for you
We want to make the private rented sector in Hammersmith & Fulham a place where tenants and landlords feel safe and protected. Nearly all privately rented properties in the borough need to be licensed. We have introduced two new licensing schemes to help give people who rent their homes and […]
read moreEnfield Council’s Direct Let Homefinders Scheme – an Overview
For landlords wanting to let their vacant properties quickly within the borough of Enfield, direct letting schemes offered by Enfield Council could be a sensible choice. In a nutshell, the ‘Homefinder’ scheme, also known as a ‘Direct Let’ scheme (DLS), enables landlords to let their properties directly, via the Council, […]
read moreFire safety in HMOs
The shocking events at Grenfell Tower have rightly brought renewed attention to fire safety in residential property. Over the following weeks, months and years there will be a forensic examination of both what went wrong at Grenfell Tower, and more generally, how the regulatory framework for fire safety can function […]
read moreThe absolute tragedy of the Grenfell Tower fire
The Grenfell Tower fire should never have happened – pure and simple. The fact that it did and with such disastrous consequences represents a fundamental and systemic failure in the management, refurbishment and regulation of our housing stock. At least 79 people are dead or missing presumed dead according to […]
read moreThe court of appeal gives guidance on the use of housing improvement notices
In Wood v Kingston Upon Hull City Council [2017] EWCA Civ 364, the Court of Appeal considered who should be served with improvement notices and what should be contained in them. The background Mr Wood was the freehold owner of a first floor flat. Kingston upon Hull City Council considered […]
read moreThe importance of client money protection for landlords and tenants
Following recommendations from a government working group to move forward with the mandating of Client Money Protection (CMP) for agents in England, Housing Minister Gavin Barwell announced the following via Twitter on the 27th March: “Today we confirmed we’ll require all agents to protect the client money they handle.” CMP […]
read moreAre you thinking about investing in HMOs?
Understanding all the rules and regulations around Houses in Multiple Occupation (HMOs) is never an easy task. Will the property need planning permission or an HMO licence, what is involved in managing an HMO and is it the right investment decision for you? With so many landlords thinking about entering […]
read moreYour starter for TEN: temporary exemptions to property licensing
There are sometimes situations where a landlord, through no fault of their own, finds themselves falling foul of one of the property licensing schemes created by Part 2 or Part 3, Housing Act 2004. That is HMO or selective licensing. Landlords can commit criminal offences and be liable for fines, […]
read moreNew civil penalty regime marks a step change in housing regulation
Today’s announcement (6 April 2017) of new civil penalty notices for certain housing offences is likely to come as a surprise for many landlords and letting agents (read here). After all, the compliance risks are huge – a civil penalty of up to £30,000 could be enough to drive many […]
read moreInvestigating carbon monoxide poisoning in private rented homes
In early 2016 I was contacted by The National Grid with regards to Carbon Monoxide (CO) poisoning. During the call I was made aware of an investigation about a number of C0 poisoning incidents following an ambulance call and A&E treatment over the weekend. According to National Grid, the common […]
read moreAs a house in multiple occupation (HMO) landlord, am I liable to pay council tax?
The rules governing who is liable to pay council tax when the property is a house in multiple occupation (HMO) are complex. The definition of HMO for council tax purposes is different to that contained in the Housing Act 2004 and used in the context of residential property licensing. Whether […]
read moreAdvice for Landlords: How NOT to do rent-to-rent
‘Rent-to-rent’ or ‘guaranteed rent’ has become a popular business model for landlords and letting agents, particularly in London. In a rent-to-rent arrangement the landlord grants a lease to an individual or company, usually for 2-3 years. That person then finds tenants who will occupy the property on a short term […]
read moreCould you help to improve the health of children and communities in Africa?
In the UK we are extremely fortunate; we take safe drinking water piped to our homes for granted, while people in countries like Uganda and Zambia are not so lucky. Can you imagine having to carry all the water you use from a dirty pond more than 1km away? The […]
read moreShould criminal record checks be extended to landlords and letting agents?
A strange question you might think and why would it be needed? Yes, fully understandable for employment that involves working with children but for everyone letting out a private rented property – surely a regulatory step too far? Well, under a little known clause inserted in section 125 of the […]
read moreDisturbing Changes to The Property Ombudsman Letting Code
The Property Ombudsman has made some further amendments to its code of conduct for lettings agents (read here) as from 1 October 2016. This is part of a change to all of the various codes of practice. There are a number of small changes but there is also one very […]
read moreStreamlining the licence application process can save time and reduce costs
Keeping up to speed on all the new landlord licensing schemes has become an increasingly complex task for landlords and letting agents. Yet discovering your property needs to be licensed is the first of many hurdles you will need to overcome. The process of applying for a licence can vary […]
read moreCan you transfer a mandatory HMO, additional or selective licence to a new owner?
With the roll out of property licensing schemes, it is much more common for investors to purchase a property that was licensed under a mandatory House in Multiple Occupation (HMO), additional or selective licensing scheme. Knowing that a property has been licensed will provide some reassurance that a licence application […]
read moreHelping landlords carry out regular safety checks and meet their legal obligations
Conditions for England’s nine million private tenants in rented accommodation are currently worse than in any other housing sector according to Government reports. Around a third of properties fail to meet the Government’s Decent Homes Standard and millions of tenants experience potentially life threatening risks, such as electrical hazards and […]
read moreHMO Licensing and Fees, Again!
When a landlord seeks a licence from a local housing authority to use his property as an HMO or because a selective licensing scheme is in operation the local authority is entitled to charge a reasonable fee, set by them, as a pre-condition for processing the licence application. The power […]
read moreWill my mortgage lender find out if I apply for a property licence?
If you are renting out your property, you need to ensure that you have permission from your lender or you could find yourself in breach of the terms and conditions of the mortgage, and that is not a good place to be! It is an issue I often get asked […]
read moreHMOs and Landlord Notices
I was recently instructed on an interesting case defending a prosecution for a series of HMO offences by a London borough with a substantial licensing scheme. The property was illegally sub-let which meant that the landlord was in breach of his existing licence conditions. The prosecution was defended at trial […]
read moreUnderstanding the role of the Property Ombudsman
The Property Ombudsman (TPO) scheme has been providing landlords, tenants, buyers and sellers a free, fair and impartial alternative dispute resolution service since 1990. More than 27,000 sales and lettings agents are currently registered with TPO which is estimated to represent 95% of sales agents and 85% of letting agents […]
read moreGetWinterReady campaign for landlords helps prevent a potential claim
This winter has already been a trying one for many landlords. The storms sweeping across Britain in December and January have left a lot of damage behind, to homes and businesses in Cumbria, Lancashire, Yorkshire and Scotland. At the moment, it looks like more storms might be on the way. […]
read moreThe How to Rent guide has been updated from 1 February 2016
The update has been caused by the introduction of the Right to Rent also on 1 February which requires landlord to check the identity and immigration status of all their occupiers. The How to Rent guide has been updated so that tenants are aware that landlords will be asking for […]
read moreEarn more in rent by charging less with RentSquare
An inefficient housing market currently leaves landlords needlessly out of pocket as countless properties are unnecessarily left unoccupied. These void periods result from properties being marketed at prices that tenants either: a) think are too high for the size and location, or b) cannot afford Sitting around waiting for an […]
read moreWhat is the minimum size for a bedroom in a licensed HMO?
If only I could give you a simple answer! The issue of room sizes within licensed HMOs is something that is regularly debated amongst property professionals and causes huge confusion for all concerned. So when it comes to room sizes, how do you know what rules apply in your area? […]
read moreShould mandatory HMO licensing be extended in 2016?
As many people will know, the government’s consultation on widening the mandatory HMO licensing scheme closed on Friday 18 December and a decision is expected early in 2016. As a Chartered Environmental Health Practitioner with significant expertise in housing regulation, I wanted to share an excerpt from my own personal […]
read moreLandlords must make sure that they are aware of licensing
There has been a recent HMO prosecution appeal which makes a key point about publication of property licensing schemes. When making an HMO licensing designation there is a duty under s83 of the Housing Act 2004 on the local authority to ensure that the designation is notified in the local […]
read moreNew Regulations on heating provision in HMOs
New regulations on the provision of heat and energy in HMO properties have the potential to affect a great many HMO landlords. A European Union Directive on Energy Efficiency was updated in 2012. One of the key elements of energy efficiency is ensuring that those people who are directly using […]
read moreLondon Property Licensing: the first six months
Six months ago today, we flicked the switch and launched the London Property Licensing website. I remember the moment well. It marked the culmination of months of hard work, research and innovative web-design to develop a new web-based information resource for London landlords and letting agents. But at that time […]
read moreProperty Redress in London: how does your Borough shape up?
It is estimated that more than a quarter of households in London are now renting their property. With demand for rental property far outstripping supply, tenants are facing steep competition to secure a place to live in the capital. It has been reported that up to nine tenants are chasing […]
read moreThe government are proposing new measures to crack down on rogue landlords
On 3 August 2015, the Department of Communities and Local Government (DCLG) launched a consultation document on a range of new measures to crack down on rogue landlords who rent out unsafe, overcrowded and badly managed properties. The government point out that 4.4 million households now rent privately in England, […]
read moreResident Review: a website where tenants talk and reputations can be built
In 2010 I was renting a flat in Liverpool, a city with a huge surplus of housing. Despite paying above average rent for the area, the property was filthy and infested with bed bugs. It wasn’t until I tracked down previous tenants that I discovered they had been complaining about […]
read moreThinking of investing your pension in buy-to-let?
Under new pension freedoms introduced on 6 April 2015, pensioners now have much greater choice and flexibility about how to access their pension savings. With many people over the age of 55 now able to take 25% of their pension pot as a tax-free amount (Source: Pensions Advisory Service), there […]
read moreTackling rogue landlords: analysis of private rented housing prosecutions in London
There has been much discussion about the need to take effective action to crack down on rogue landlords who evade the law and place tenants’ lives at risk. In 2013, Shelter launched a campaign to ‘evict rogue landlords‘ and to date, over 100 councils have signed up including more than […]
read moreWhy London Property Licensing?
On Tuesday 21 April 2015, a new website was born providing simple, impartial and expert advice on property licensing and the regulation of private rented homes in London. The London Property Licensing website contains a wealth of information about the mandatory licensing of Houses in Multiple Occupation (HMOs), plus all […]
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