Courts Crack Down On Bad Landlords

Courts Crack Down On Bad Landlords

Landlords who have ignored house in multiple occupation (HMO) licensing laws have paid out thousands of pounds in fines during recent weeks. In most cases, the landlords have had time to address licensing and safety issues, but failed to act. Here are some of the...
Landlords In Court Over Breaches Of Health And Safety Law

Landlords In Court Over Breaches Of Health And Safety Law

Fire safety breaches in HMO Landlord John Ellis, of Sleaford, Lincolnshire, was fined £5000 at Lincoln Magistrate’s Court after admitting nine breaches of fire safety rules at three houses in multiple occupation (HMO). The homes did not have electrical safety...

LB Enfield Additional and Selective Licensing Designation Held Unlawful

On 1 April 2010, the Secretary of State issued a general approval to all local housing authorities in England in relation to the designation of areas for additional or selective licensing under the Housing Act 2004. The approval is conditional that any consultation...

Unlicensed HMO and Service of a Section 21 Notice

If a house is let as an HMO and the HMO requires a licence but does not have one, a section 21 notice may not be served on any of the occupiers of the HMO as a penalty (amongst other penalties). Here we discuss what actions need to be taken by a landlord in order to...

Failure to Have HMO Licence and Proceeds of Crime

If a house in multiple occupation (“HMO”) requires a licence whether that’s because it has 3 storeys and 5 or more occupiers or because it’s located in an additional licensing area, it’s a criminal offence to operate the HMO without a...

Licence Fees Must be Reasonable and Proportionate

Below has been amended to include a link to the Court of Appeal judgment because it was first reported from High Court judgment. The general consensus is that the below case is authority that HMO licensing fees charged by a local authority must only cover actual costs...

Hotel Guest – Tenancy, Licence or Lodger?

An interesting question on the help-line has raised this article. In fairness, it won’t be of much practicality to most of our members but all the same I think it raises interesting questions. Background The member runs a hostel in Cornwall. It is primarily used...
Couple of Interesting Cases

Couple of Interesting Cases

A quick blog entry to let you know of a couple of interesting cases we are currently dealing with. One of them is only potential at the moment. (1) We are now going to appeal on a housing benefit issue where the landlord increased the rent and the tenant was receiving...
Thomas v Director of Public Prosecutions

Thomas v Director of Public Prosecutions

Thomas v Director of Public Prosecutions Times, November 25, 2009 Divisional Court, October 23, 2009 Elias LJ, Openshaw J A police constable may enter and search any premises for the purpose of, executing a warrant of arrest or arresting a person for an indictable...

Minimum Standards of Licensable Property (NOT s.257 HMO)

This article only applies to shared properties that require a licence. This article does not apply to a section 257 HMO (certain converted blocks of flats) Section 65(1) of the Housing Act 2004 provides that: “The local housing authority cannot be satisfied for...