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Property118.com
Tuesday 21st April 2020
Total Number of Property118
Comments:
58
Bio
Landlord Licensing & Defence is a company set up to assist Landlords to avoid prosecution and fines by becoming fully compliant with the Law and the Regulations.
Landlord Licencing & Defence also helps landlords get out of trouble when they get into it. We are fighting against councils that have become power-crazed and which are persecuting decent landlords for immoral financial gain.
Councils have become ruthless and unforgiving and will destroy a Landlord, his/her health and business in just a single inspection.
Everyone makes mistakes, Landlord Licensing & Defence reduces the chances of an incident breaking you, psychologically, financially and physically. There are some vicious people within councils near to your portfolio enforcing the Housing Act 2004 Parts 1, 2, 3 and 7 with angst.
Some landlords just don’t give a damn and break all the rules – they deserve the punishment. Decent landlords do not.
Landlord Licensing & Defence fights a Landlord’s corner like no other. We cut to the chase and gets things sorted.
We understand, because we are landlords ourselves.
Landlord Licensing & Defence regularly assists owners and Landlords who have just discovered the hard way (when a massive Civil Penalty Fine notice from the Council lands on their desk) that they have not been complying with the law and regulations.
We take charge of the situation, negotiate with the appropriate Council on the basis that the owner/landlord has now taken professional advice and then manage an immediate operation to make the property fully compliant with legislation, install systems and processes (to ensure it can stay that way). We also deal with the increasing move by Councils to declare decent landlords ‘Not Fit and Proper’ to manage properties.
Part of that role is educating Property Investors and Landlords who think they have done the right thing in handing their property over to Letting Agents to manage on their behalf. Unfortunately, in the increasingly complex arena of property legislation and regulation (little of which could be described as ‘joined-up’), many letting agents are sub-standard: Unaware of the requirements. Equally, the investors/owners hiring their services have no understanding that they too need to understand the legislation and ‘control’ their Letting Agents.
11:15 AM, 11th July 2024, About 5 days ago
The point Igboman that you seem not to have understood is that the OP has been committing a criminal offence for two years.
The minute that OP applied for a licence and has to submit ASTs and other documents, he immediately self-incriminates as he’s giving them evidence of letting prior to the licence application. They will then use their AI system to cross reference with council tax and 20 other databases to collect evidence of the crime being committed over a two year period.
The Coincil is now the housing police. And they are trained the same way as detectives. He will then be summoned for a PACE interview when they will use their highly trained interviewers to get further unwitting admissions of guilt
It isn’t very tricky area which we help landlords navigate on a daily basis - landlords that try to penny pinch and DIY tough legal situations they are not equipped to deal with usually leads to them getting fines in the £10,000s
But probably course the OP can chance his luck….... Read More
9:45 AM, 11th July 2024, About 5 days ago
Gary. Unfortunately you have been committing a crime for these two years under the Housing Act 2004.
Strongly recommend you get specialist representation against the council to minimise what could be a £10,000 or so fine (max of £30,000) or a criminal conviction if it goes to court.
This is one of the specialisms of Landlords Defence who can assist
(Go to landlordsdefence.co.uk and book a free 10minute diagnosis call)... Read More
9:53 AM, 3rd July 2024, About 2 weeks ago
The lease should be your guide which sets out the freeholder's (&hence RTM co) rights of access.
Where possibly give occupants at least 24 hours notice. In emergency attend with locksmith... Read More
11:56 AM, 24th January 2024, About 6 months ago
DEAR ALL LANDLORDS
The government has decided that damp and mould are YOUR problem regardless of what the tenants do or don't do.
Please read your new responsibilities here. DO NOT IGNORE - the penalty fines will be astronomic.
https://www.gov.uk/government/publications/damp-and-mould-understanding-and-addressing-the-health-risks-for-rented-housing-providers/understanding-and-addressing-the-health-risks-of-damp-and-mould-in-the-home--2... Read More
11:44 AM, 11th January 2024, About 6 months ago
Reply to the comment left by LordOf TheManor at 11/01/2024 - 10:51
Sorry it is a direct quote from the legislation and so must remain in sq ft as per the legislation
I did the necessary calculation for the OP... Read More
10:39 AM, 11th January 2024, About 6 months ago
There are no minimum sizes for bedrooms in the Housing Act 2004 unless it is a flat in a licensable section257 converted building in which case the national minimum of 6.51m2 would apply.
(Note a s257 building coverted to flats is technically an HMO under the Housing Act, confusing though this is.)
The landlord and tenant act under overcrowding states these acceptable occupancies
Number of persons
110 sq. ft. or more
2
90 sq. ft. or more but less than 110 sq.ft.
1½
70 sq. ft. or more but less than 90 sq. ft.
1
50 sq. ft. or more but less than 70 sq. ft.
½
(1/2 person is child under 10yrs)
Your room is about 84sq ft so would
appear acceptable for 1 person
If you need further professional
assistance to fight this apparently nonsense by the council please contact Landlord Licensing & Defence on 0208 088 3575 or https://landlordsdefence.co.uk/contact... Read More
9:54 AM, 7th November 2023, About 8 months ago
There's nothin' like a good old but of politician Head in Sand!... Read More
12:44 PM, 15th September 2023, About 10 months ago
Reply to the comment left by howdidigethere at 14/09/2023 - 23:43
... Read More
11:53 AM, 1st August 2023, About 12 months ago
Reply to the comment left by GLee at 28/07/2023 - 08:48
... Read More
11:47 AM, 1st August 2023, About 12 months ago
Reply to the comment left by Shaun Hales at 28/07/2023 - 11:23
You may wish to think it is ridiculous but it is the law and has been since 2004!
However in relation to SA, then as long as the occupant(s) have homes elsewhere then you are correct that they can stay 'on licence' written or inferred.
Be very aware though that if a person who has no other home moves into your SA they are automatically considered by the law to be on an AST whether in writing or otherwise and that in clouds when the LL has given them a written "licence". The law says that is an AST not a licence if it is their sole residence!... Read More
11:42 AM, 1st August 2023, About 12 months ago
Reply to the comment left by GLee at 28/07/2023 - 07:23
It is a very difficult situation for landlords. As far as most councils are concerned operating an 'illegal' (i.e. unlicensed) HMO is only one step down from murder.
The only real protection a landlord has are regular inspections (although that is at odds with the tenants's right to quiet enjoyment)
Also a clear clause in the AST that the tenant shall not sublet nor create an HMO
And ensuring that all property is up to HMO standards particularly in respect of fire doors and alarms
Its a devilish situation for Landlords... Read More
13:57 PM, 4th July 2023, About A year ago
Also see the new Fire safety responsibilities under Section 156 of the Building Safety Act 2022 just published
https://landlordsdefence.co.uk/changes-to-fire-safety-responsibilities-under-section-156-of-the-building-safety-act-2022/... Read More
13:57 PM, 4th July 2023, About A year ago
The requirements for flat doors are now
FD30S
Fit both sides and top with combined intumescent strip and cold smoke seals (brush strips)
• Fit CE marked hydraulic closers to BS EN 1154
• Fit CE marked latch to BS EN 12209
• If a lock is fitted it must be fire rated to BS EN 12209 and fitted with a thumb-turn on the inside
• Fit 3 x fire rated hinge to BS EN 1935
• Ensure that gaps to top and sides are approx. 3mm and no more than 4mm. See
manufacturer’s instructions.... Read More
17:50 PM, 11th April 2023, About A year ago
It's good that a First Tier Tribunal has recognised what we all know, that councils are using licensing as a revenue generation tool.
Yes of course they have to make a case to the Secretary of State for Housing but that doesn't seem to be too hard as long as they don't try to get thee entire borough. For most they can bing it in without the DHLUC as long as they do a sham consultation in which they ask less than 0.1% of landlords and tenants.
No surprise that Nottingham brings out the old line "we're not allowed to make a profit". Well of course they're not. But after the accountants have 'adjusted' the overheads to siphon the money off Ito other accounts its very easy to not show a profit. FFS that's what any decent accounts does.
But the bit that Nottingham is carefully avoiding mentioning is that the far bigger revenue stream comes from the FINES they can impose for criminal breach of a licence condition. We had one case recently on a 2-up-2-down (not Nottingham) where shortly after issuing the licence the council inspected. They did the inspection after issuing the licence so they could no inspect with the intention of finding licence condition breaches.
Landlord was instantly fined £22,000. Property wasn't good but also not dangerous.
So never mind the £1,000 per licence. Think about all the lovely lolly from £22,000 per landlord!
Maybe a few £100s to get a professional compliance audit is actually FAR cheaper than a £22,000 fine. https://landlordsdefence.co.uk/hhsrs-risk-assessment/... Read More
15:38 PM, 31st March 2023, About A year ago
In reply to Rod from iHowz.
The Rent Repayment Order is probably the biggest threat to the landlord and both Illegal eviction and harassment are automatic triggers for entitlement. There are also a plethora of No-win-no-fee merchants standing ready to take up these cases on behalf of tenants and indeed some councils employ officers solely to assist tenants make RRO claims.
Landlords can defend against RRO claims https://landlordsdefence.co.uk/rent-repayment-order/ and the amount claimed (which can be up to 12 months rent) can often be reduced however it will never be zero if the LL has committed harrasment or illegal eviction.
Other major treats to the landlord come if the property isn't licensed but should have been. Council treat this as paramount to murder (no, seriously) and will throw the book at the LL. If its an HMO, then in addition to the £15,000+ they will fine you for failure to licence. they will usually "find" at least £50,000 worth of fineable items under the HMO management regulations https://landlordsdefence.co.uk/housing-act-section-234-regulation-5-financial-penalty/
By far and away the best thing to do is
1) get your property compliant https://landlordsdefence.co.uk/hhsrs-risk-assessment/
2) get it licensed if it needs to be https://landlordsdefence.co.uk/does-my-property-need-an-hmo-licence/
3) do NOTHING that could be interpreted as harassment.
4) be aware that there are only TWO legal ways to regain possession
4a) tenant gives notice and/or surrender
4b) by an order of the court
Anything else IS an illegal evistion. End of.
It's eye wateringly expensive to get on the wrong side of all this still and as @Rod said:
"Most people starting up in less regulated industries would spend a few hundred pounds on education when they are investing [hundreds of] £000's and would follow up by maintaining their knowledge and development.
Being a LL is no longer an amateur activity. Be professional or be fined out of existence but the council's [unbelievably evil] housing police.... Read More
8:22 AM, 7th March 2023, About A year ago
Some dreadful advice on this thread so far. 1 Why are the Local Authority involved - because they are charged under the Housing Act 2004 to enforce safety in ALL DWELLINGS whether that dwelling is an HM, flat, house or even caravan or boat. 2 The housing act gives them powers to prosecute or fine any dwelling owner (even you in your own personal dwelling (though usually they can't be bothered). Its Housing Act Part 1 - generally called HHSRS the Housing Health and Safety Rating System see https://landlordsdefence.co.uk/hhsrs-what-and-why/ if you don't know the system Council use to fine you as a landlord. You will see that FIRE is hazard 24 and contrary to what someone posted above it is the COUNCIL NOT the Fire Brigade that has the job of enforcing fie safety - and they are evil in comparison to the Fire Brigade because their motivation is fines and not safety in many cases. Under parts 2 and 3 of the Housing Act, councils sadly have the power to make landlords licence HMOs and BTLs/Single Lets. They use licensing to make it far easier fro them to fine landlords. FIRE ALARMS Wireless Interlinked and mains powered alarms of the type the OP describes are called Grade D. If they have a 9 volt battery in the back they are Grade D2 (which you should no longer be fitting). British Standard 5839-6:20
... Read More
12:58 PM, 23rd February 2023, About A year ago
@DAVID HOUGHTON
The situation you describe is an HMO the moment the relationship breaks down.
2 brothers and one ex-girlfirend + two households and 3 person = HMO
As they were renting, the property needed a selective licence from the get-go.
The second the breakup happened the landlord became liable under the HMO Management Regulations and better fire doors, fire alarms etc etc were needed.
It may have still needed a selective licence where the council had not put in place an Additional HNO Licence scheme. However if they have such an Additional scheme, the landlord now has the "wrong licence" and they will prosecute/fine for that as if he had no licence at all!... Read More
21:44 PM, 16th February 2023, About A year ago
Have a read of this to understand what “the questions” are about
https://landlordsdefence.co.uk/pace-interview-under-caution/
Whether it is in person or by Q&A you’re under criminal investigation for several crimes
Get professional help ASAP and for goodness sake do not communicate with the council until you have professional help they will destroy you. See https://www.property118.com/dont-talk-to-the-council/... Read More
15:30 PM, 15th July 2022, About 2 years ago
Reply to the comment left by Paul Essex at 15/07/2022 - 13:40
As mentioned above. FIRE doesn't think "Ah this house was built in the 70s I'll give this one a miss"
Knowledge improves.
Landlords are vicariously responsible for the safety of their tenants.
Only the foolish take chances with tenants lives... Read More
15:28 PM, 15th July 2022, About 2 years ago
Reply to the comment left by Luke P at 15/07/2022 - 11:20
Fires spread
People die or suffer life changing injuries
Landlord is up on Gross Negligence Manslaughter or ABH charge.
Defence: "I read somewhere doors didn't need to be fire resisting"
FIRE does not read regulations neither does highly poisonous SMOKE containing carbon monoxide and hydrogen cyanide.
Most people die of the SMOKE not the fire.
Please read this https://bit.ly/t-fire to understand why we give this advice to landlords... Read More