9:23 AM, 17th January 2023, About 2 years ago 13
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Landlords are being warned that councils are using the inspection process to implement fines rather than help landlords improve their property.
The warning comes from Phil Turtle, the compliance director with Landlord Licensing & Defence who has a letter from Coventry City Council that is sent to landlords.
In it, the inspector makes clear that the council can issue multiple fines of up to £30,000 for each breach based on the ‘friendly’ licence application inspection.
Mr Turtle says: “This firm frequently sees landlords being fined £50,000-60,000.”
And he warns that landlords who are applying for an HMO Licence to obtain a professional audit against all of the HHSRS hazards, HMO Management Regulations, Fire Risk Assessment and Local Authority Amenity Standards beforehand.
He goes on: “The HMO Licence inspection objective is now to fine landlords immediately under the HMO Management Regulations and HHSRS.
“If you were ever in doubt that the intention of a council licence inspection is not to assist you, but to fine you immediately if they possibly can, read this standard letter sent recently to one of this firm’s landlord clients currently in the process of applying for a licence.”
Dear Landlord,
I am the Environmental Health Officer (EHO) who has been assigned your House in Multiple Occupation (HMO) licence application.
In order to assess if the above named dwelling is suitable for use as a HMO, or if it can be made suitable, I will carry out an inspection of the property. I have scheduled a time of xx.xx pm on xx January 2023, please confirm.
Please be aware that I may arrive up to 30 minutes after the agreed time.
Advanced warning
If you miss the appointment, are running late and do not inform the council, or all rooms are not available for inspection (for example because you do not have a key), the maximum licence term you can receive is 1 year. Irrespective of whether you applied for a 2 or 5 year licence.
If there are breaches of the HMO Management Regulations 2006 (2007 for converted blocks of flats), you may receive a fine of £30,000 for each breach. You can read the law here, and view details of fines we’ve issued to landlords here.
If there are any hazards to health, for example falls on stairs or damp & mould, I may issue an enforcement notice. The council will always recover its reasonable expenses incurred in doing so, and this will not be less than £380. You can read a landlord’s guide to HHSRS here.
Mr Turtle said: “So, there you have it. From the mouth of one of the most aggressive councils in the country.
“One whose example all other councils are following.”
He added: “What is refreshing here is that this council, Coventry City Council, is at least being honest about the true approach and intent of Licence Application property inspections.
“The purpose is no longer what the Housing Act envisaged, that the inspection would assist a landlord and advise them what to put right within a timeframe.
“As with the Housing Health and Safety Rating System (aka Part 1 of the Housing Act 2004), councils have come to realise that they can issue massive fines under the HMO Management Regulations immediately, without warning and with zero time to remedy anything that was wrong.”
Mr Turtle says that it is now essential for landlords to be 100% certain that every aspect of their HMO is compliant with the 29 Hazards of HHSRS, the entire HMO Management Regulations, Fire Risk and local authority amenity standards.
He says: “As the council officer explained above, they will be looking for any excuse to issue you with fines under the HMO management regulations as fining has become one of a council’s most effective revenue streams.”
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David Houghton
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Sign Up10:54 AM, 17th January 2023, About 2 years ago
As an ex Hmo licensing officer:
1) yes it's a money making exercise
2) councils get the money from enforcement notices
3) they don't get the money from court fines. (they do get the good pr though)
4) you can ask for a copy of their enforcement police
5)if issued with a notice, appeal within the 21 days
6)the appeal will take a few months
7) in the meantime do whatever they require. Whether you agree or not
8)the appeal will involve an inspection. If it's done by then no problems even if you did not have grounds for appeal you still win
9) the council will have to reimburse your appeal fee
If enough do this they lose money on being over zealous and then have to apply the law correctly
Darren Peters
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Sign Up11:37 AM, 17th January 2023, About 2 years ago
"Please be aware that I may arrive up to 30 minutes after the agreed time."
"If you miss the appointment, are running late and do not inform the council,[.....] the maximum licence term you can receive is 1 year. Irrespective of whether you applied for a 2 or 5 year licence."
I was once in an about-to-emerge-from-communism eastern European country a dentist gave an example of how the regime kept people off balance and powerless. In his school they removed the qualified headmaster and installed the caretaker as headmaster. Nothing against caretakers in general but this caretaker was a party member, a low level crook and totally unqualified to run a school.
However any complaint was beaten down with the usual, 'you are picking on the working class because you are the evil bourgeoise'.
And nothing improved. The teachers just had to do their best to make things work with stuff disappearing, diminished resources generally and a petty mafia bully as head telling the teachers they had to work harder while sitting on his behind all day.
You can see where this is going fellow landlords.
Councils, as demonstrably the least qualified suppliers of housing in the country, have been elevated to property standards police. The standards of course don't apply to them.
Heck, even the standards of common decency to turn up at the allotted time are explicitly torn up with...
'I might turn up half an hour late but if you do, you won't get a 5 year licence.'
If that isn't a big 'F you, we're the boss', I don't know what is.
Harry
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Sign Up12:36 PM, 17th January 2023, About 2 years ago
I do not dispute any of what has been said, but what is the point of keep bleating about problems on this forum. Surely the NLA should be taking this up? Is there actually a News paper that would support a landlords view?
Chris H
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Sign Up13:53 PM, 17th January 2023, About 2 years ago
If anyone is shocked by this, I have a bridge I can sell you at a great price!
C CA
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Sign Up17:09 PM, 17th January 2023, About 2 years ago
Reply to the comment left by Darren Peters at 17/01/2023 - 11:37
LLs need to form a LLs Trade Union Style with legal resources to fight back these mafia style "caretaker" and on the way train them to better or more honest on the application of policies in housing.
I have not doubt that the attack to LLs will continue and many of those crooked behaviour will become the standard practices either adopted as "locally legal" or "nationally legal" I run out of believing that PR style of discussion and survey will change the PRS ..... is a battle where LLs defenceless to fight a regiment of Caretakers hidden and targeting LLs legal business. There are already enough regulation to apply against criminal operating within the PRS if they wish to apply.
Darren Peters
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Sign Up18:11 PM, 17th January 2023, About 2 years ago
We are too few and unable to withdraw our product & service for 2 days in February nationally. Hence we have no leverage except to quit the market which doesn’t help tenants or landlords or solve this nonsense
C CA
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Sign Up18:47 PM, 17th January 2023, About 2 years ago
Reply to the comment left by Darren Peters at 17/01/2023 - 18:11
We don't need to withdraw products...the legal muscle is challenge abusive fines and influence policy making.
NRLA would be ideal to incorporate a legal services where they can take members cases with good ground to fight. Many abusive against LLs go unreported because many LLs does not have the finance and legal resources to fight back.... NRLA strategy of influencing and changing for better with PR and music do not have teeth so, LLs complain and leave the sector is not for anybody...
Mike
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Sign Up20:10 PM, 18th January 2023, About 2 years ago
Our best defence is to make the public aware (mainly the renters) that why their rents are sky high is directly due to the stringent housing policies and tough implementation of HMO rules, so any new landlord would be discouraged from offering an HMO accommodation at low rents, so renters would know who not to vote in elections.
If the Government and local authorities want all rental properties to reach very high standards, then that directly reflects the rents, its simple as that, if you want to stay in a 5 star hotel you would need to pay more, but if your pocket only allows you to stay in a 2 star hotel, then sadly you will not be able to find any.
Reluctant Landlord
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Sign Up9:18 AM, 19th January 2023, About 2 years ago
Reply to the comment left by Mike at 18/01/2023 - 20:10
trouble is if tenants then vote Red in droves, the anti LL sentiment (and policies to follow) will only get worse....and if there is more legislation etc that comes from this the situation simply perpetuates....
Mick Roberts
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Sign Up8:49 AM, 25th January 2023, About 2 years ago
For their permission to ask the Govt on Selective Licensing, Nottingham Labour City Council has just published their Consultation findings.
That's around 1% of houses improved meaning 99% of tenants had rent increases to pay for Selective Licensing & didn't need it or got nothing in return.
https://www.property118.com/leading-landlord-slams-councils-plea-not-to-put-up-rents/#comments
https://committee.nottinghamcity.gov.uk/documents/s141766/Appendix3SL2ConsultationReport.pdf
https://committee.nottinghamcity.gov.uk/ieListDocuments.aspx?CId=177&MID=9491#AI47427
Amazing they can admit this Page 9:
over 600 properties were inspected by the Council, with over 270 improved through pre-licensing inspections (before March 2020, national lockdown) 27,292 licences were issued
https://twitter.com/MickRobertsBoss/status/1618166961380429824?s=20&t=N9_03efaKsmrTmsnBKMQdQ