News

August 2022

Tribunal says landlord in rent repayment case had been a landlord for over 5 years so should have been aware of licensing requirements

A Newham landlord who illegally evicted his tenant has had a rent repayment order imposed to the tune of £2,825. The property the tenant had been living in was an unlicensed HMO and was the only property that the landlord owned.

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Tenancies offered with utility bills included fall by 90% whilst searches for bills included tenancies rise by 17%

According to property press reports, the number of "bills included" private rented tenancies currently being offered by landlords has dropped off a cliff due to the energy price rise chaos the country is experiencing right now.

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Haringey council to refund nearly £43,000 in improperly imposed fly-tipping fines after Ombudsman complaint - warning letters were the appropriate action to take not penalties

After the occupant of a flat above a commercial premises in Haringey, London, complained that she had been issued with a £400 penalty notice for putting her rubbish out 35 minutes early the Local Govt and Social Care Ombudsman has issued a report critical of Haringey council for imposing such a fine when it should have written a warning letter instead.

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Govt has "drastically underestimated" the shortfall between housing benefit and actual rent costs says research by Crisis and Zoopla

Homelessness charity Crisis in partnership with rental property platform Zoopla have released new research suggesting that the Government needs to up-rate housing benefits payments to cope with a large shortfall for low income households between the housing benefit received and the rents that they actually pay.

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Haringey council gets Govt go ahead for new selective licence scheme with "specific focus on reducing fuel poverty"

A new selective licensing scheme in the London borough of Haringey is set to go live across 14 wards in the borough on 17th November 2022 after approval was granted by minister for housing and rough sleeping, Eddie Hughes MP, on behalf of the secretary of state at DLUHC. The scheme will run for 5 years.

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Bristol landlord fined £22,000 and banned from operating properties for 5 years both in Bristol and nationally - she'd "accepted the risk" that her management was below standard

A Bristol landlord with a portfolio of 34 properties in the city has pleaded guilty to and been convicted of 8 banning order offences and will be placed on the Government's rogue landlord database. A fine of £22,000 was also imposed.

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HMO landlord issued with 10 penalty notices and an emergency prohibition order fined £23,000 and has HMO licences revoked by Tendring District Council

A landlord from Ilford in London with HMO properties in Clacton has been fined £23,000 by Tendring DC (reduced by the first tier tribunal panel from the £90,000 of fines initially sought by the council) and has had her HMO licences revoked due to not being a "fit & proper person" to hold such licences.

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Retired managing and estate agent who remained a landlord prosecuted for fire safety offences - ordered to pay costs of £8,659 plus £190 victim surcharge

After an investigation by officers from Devon and Somerset Fire & Rescue service a landlord from Dawlish has pleaded guilty to 3 offences under the Regulatory Reform (Fire Safety) Order 2005. The fire safety offences related to a property which comprised commercial premises on the ground floor and a privately rented flat on the upper floor.

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Tenant group ACORN to hold public meeting calling for selective licensing to be put in place in more areas of Leeds

Tenant campaigning group ACORN is to hold a public meeting to which Leeds City councillors have been invited so that extension of selective licensing across more areas of the city can be put to the councillors by residents.

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Blackburn and Darwen councillor calls for selective licensing in as many areas as possible

As Blackburn and Darwen council approves a proposal for and starts to consult on selective licensing in the areas of Ewood and Mill Hill in the borough (a larger licensing scheme covering 5 areas expired in May 2022) a Conservative councillor, Cllr. John Slater, has welcomed the new proposal saying "We welcome this .... I would like to see this done elsewhere." and "I would like to get as many areas as possible."

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Do letting agents need to get better at communicating with tenants? New research seems to suggest a significant number do

A survey of 2000 private rented sector tenants appears to show that a significant number of tenants are not happy with the quality level of communication from the letting agent managing their home.

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Landlord mortgage provider says 48% of private rented sector landlords surveyed have seen increasing rental demand from tenants for quality HMOs with tenants demanding better amenities - tenants now refuse to accept poor quality

Research from Paragon bank reportedly says there is increased demand for HMO rentals and that prospective tenants are demanding better, faster broadband, better furniture and en suite bathrooms. The bank suggests this could be the result of more people working from home and having spent more time online during the pandemic.

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Suffolk rogue letting agent who left "countless landlords ... significantly out of pocket" convicted of £80,000 fraud

The owner of a Newmarket lettings agent - Smart Residential Letting Agents - has pleaded guilty to 2 offences relating to unlawfully retaining rent and deposits under the Fraud Act 2006.

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Telford property management company fined £5,100 and has to pay costs of over £4000 for failure to carry out essential repairs on a privately rented home

Property management company Maybach Lettings has been fined £5,100 by Telford & Wrekin council for failure to carry out essential repairs to a home in the borough despite previous requests from the council for the repairs to be carried out.

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New property conversion restrictions to be put in place in areas of north Bristol to "protect communities from being overrun by HMOs"

Landlords in 3 areas of north Bristol will be now required to seek planning permission to convert family homes in that areas of Filton, Stoke Park and Cheswick after 93% of the public supported council proposals to restrict the growing numbers of HMOs following a public consultation.

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Landlord possession claims for April to June 2022 increase by 160% compared with same quarter in 2021 say Govt statistics

Just published statistics from the Ministry of Justice reveal that landlord possession claims, court orders, bailiff warrants and successful repossessions by landlord have all increased this year well in excess of the same period in 2021. Possession claims increased by 160% whilst successful repossessions increased by 210%.

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London landlord loses Crown court appeal and is ordered to pay £40,000 in fines, costs and a victim surcharge after conviction for property licensing offences

A landlord in London who was prosecuted by Islington council for 15 property licence conditions breaches and 2 breaches of property management regulations and who was convicted at Highbury Magistrates court in January lost his appeal at Snaresbrook Crown court.

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Fines imposed on private rented sector landlords and agents in Greater London increase by £1.5 million over last 12 months

In a sign of increasing enforcement action in the private rented sector by London local authorities the amount of fines imposed on landlords and managing agents has increased, over the last 12 months from £6,502,932 in August 2021 to £8,010,344 at the start of August 2022.

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LGA provides "cost of living hub" for local authorities to use to better help residents cope with the rise in cost of living

The Local Government Association has designed a best practice hub for local authorities to utilise so that they can better support their residents who are struggling with the cost of living crisis.

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As energy price cap now set to reach £4,266 the NRLA rebuts Shelter's claim that private landlords will profiteer from £400 energy bill rebate payments

The National Residential Landlords Association (NRLA) has strongly rebutted "claims from Shelter that landlords are not passing on the £400 energy bills rebate to tenants" saying "it is irresponsible scaremongering on the part of some to be making baseless suggestions that landlords will not do the right thing by their tenants."

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Over 4,500 primary classes worth of homeless children spending summer break in temporary housing says LGA

The Local Government Association has calculated that during the period to 31st March 2022 there were 119,840 dependent children - equivalent to 4,500 primary school classes (based on an average class size of 26.6 pupils) living in temporary housing in England. This included children in 1,700 households "living" in B&Bs.

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Great Yarmouth selective licensing scheme sees £67,500 in fines issued to landlords and receives praise from residents

One landlord in Great Yarmouth was issued with a £15,000 fine and 7 other received fines of £7,500 each for selective licensing scheme breaches. Great Yarmouth council says that it is also investigating a further 36 landlords whilst 24 landlords have had their selective licences revoked.

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Coventry council obtains its first banning order against a private landlord

In what Coventry council calls a "landmark case" it has obtained its first banning order against a "rogue landlord".

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Harry Ulaeto

How can councils get the best out of their PRS toolkit Part 2

When we first asked this not so rhetorical question* we touched on the partnership work that many councils are now successfully doing within communities and across organisations to get better outcomes for residents. But we also thought that councils needed to do more to bring private rented sector landlords on board - persuading them to get with the programme so to speak.

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Homelessness rises in England by 11% in 3 months. Charity head says "whoever becomes prime minister needs to get a grip on this crisis, and fast"

The housing charity Shelter has responded to the latest Govt data on homelessness in England which shows that between January and March 2022 74,230 households became homeless or were threatened with homelessness including over 25,000 families with children. This represents a 5% increase on the same period in 2021.

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4 local authorities get £6 million to carry out more frequent inspections and enforcement of standards in private rented sector supported housing for vulnerable people

DLUHC has announced that Birmingham, Blackburn with Darwen, Blackpool and Hull councils will get £6 million from the Govt's £20 million supported housing improvement programme to carry out enforcement of better standards in supported housing provided by the private sector for vulnerable tenants.

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Charities express concern that £400 household energy bill support scheme rebate will not reach private rented sector tenants whose rent is inclusive of utility costs

The headline in The Guardian is stark - "Renters 'at mercy of landlords' over £400 energy rebate" but the possibility of a cohort of private rented sector landlords being happy to make a profit out of a rebate meant to help struggling households is clearly enough for charities to raise their concerns.

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CIEH says Govt energy bills support scheme is a missed "golden opportunity' to prioritise home energy efficiency measures

The chartered institute of environmental health has expressed disappointment that "the UK government have missed yet another opportunity to prioritise energy efficiency measures as a means of supporting households with their energy bills.".

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Private sector landlords can be liable for £5000 fines if their property isn't compliant with new smoke and carbon monoxide alarm regulations after October 1st 2022

The Dept for Levelling up, Housing & Communities has published guidance for private rented sector landlords and their tenants on the smoke and carbon monoxide alarm (amendment) regulations 2022 which come into force on October 1st this year.

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Rent repayment order maximum amount can't include rent paid when the licensing offence was not being committed says Court of Appeal

The court of appeal has ruled in the case of Kowalek & Anor v Hassanein Ltd that rent paid (rather than rent accrued) whilst a licensing offence wasn't being committed can't be taken into account when calculating the maximum amount of a rent repayment order (RRO) and that rent arrears can be taken into account when making that calculation.

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Warrington landlord handed 24 week suspended prison sentence after illegally evicting a tenant who had been his friend

In an illegal eviction case before Liverpool Crown Court a judge has said its "a feature of anyone's moral compass that they could not simply throw a tenant out onto the street simply because they had a need to use the property.".

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