HMO

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Agent rating scheme

Property agents in Teignbridge, Devon are being invited to participate in a voluntary rating scheme similar to the ‘food hygiene rating scheme.’ Teignbridge District Council has introduced a Property Agent Rating Scheme (PARS) similar to the ‘food hygiene rating scheme.’ Landlords and tenants will see participating agents display window stickers and certificates in their offices […]

Fraudulent documents

A landlord has been given a prison sentence for submitting forged documents to Barking and Dagenham Council who were investigating an HMO breach.  An Essex landlord was reported to Barking and Dagenham Council for converting a 3 bedroom house into a HMO. During their investigation the council enforcement officers discovered that the property had been […]

Overcrowding

Brent Council recently raided a property in Wembley and discovered 19 tenants in occupation.  Overcrowded properties have always been an issue in the private rental sector. However, the problem appears to be on the increase resulting in a number of prosecutions of unscrupulous landlords. Enforcement officers of Brent Council raided a property in Wembley and […]

Rogue Landlord Project

The Luton Rogue Landlord Project (RLP) has successfully prosecuted a landlord for multiple breaches of the House in Multiple Occupation Management Regulations.  The RLP is an initiative by Luton Borough Council, in partnership with the Bedfordshire Fire & Rescue service, Bedfordshire Police, Luton Law Centre and Luton Citizen’s Advice Bureau.  The project aims to tackle […]

Electrical Safety – update

The Ministry of Housing, Communities & Local Government (MHCLG) has published its formal response to the consultation held on electrical safety in Private rented properties.  The response reiterates what has been said previously in that subject to parliamentary time, regulations will be introduced requiring private landlords to undertake 5 yearly checks of electrical installations in […]

Rent to Rent agent fined

The local authority of Waltham Forest has successfully prosecuted an agent who was unlawfully subletting a property in breach of the HMO regulations. The agent applied for a license for the property to be used as a single-family dwelling. However, the local authority carried out an inspection and discovered that the property was in fact […]

HMO conditions

In Nottingham City Council v Parr and another, the Supreme Court has held that the power to impose conditions under the Housing Act 2004 can be used to limit the class of persons, for whom the HMO is suitable. 2 properties in Nottingham were both used for letting to students and each had an attic […]

Property Licensing – Hackney

On 1 October Hackney council expanded their property licensing scheme. The application process opened on 25 September and landlords have until 2 December to submit their applications. Enforcement will commence by Hackney council on 3 December. This is one of a number of new licensing schemes and comes as the government has widened the use […]

Improvement Notice and Rent Repayment Orders

Thurrock Council has successfully prosecuted a landlord for failing to comply with an Improvement Notice. Thurrock Council initially commenced proceedings in March this year against a landlord for failing to comply with an improvement notice under the Housing Act 2004. The improvement notice was issued following complaints by the occupiers of a private rented property […]

HMO fees’

In Gaskin v LB Richmond Upon Thames the High Court held that the private letting of accommodation amounted to a service within the meaning of the Services Directive making the Council’s fee for an HMO license unlawful in part. Background Mr Gaskin rented out a number of rooms in a number of properties. One particular […]

Agent fined for HMO breach

A magistrate court has fined 2 lettings agents for ‘managing’ properties which should have had HMO licenses. One of the agents defended the claim on the basis that they were not managing the property but had in fact only accepted the first month’s rent and deposit. The local authority that commenced the prosecution argued that […]

Room sizes – HMO

In our previous post we mentioned the mandatory national minimum sleeping room sizes. From 1 October 2018 local authorities will need to impose conditions as to the minimum room sizes which may be occupied as sleeping accommodation in the HMO. A room smaller than the specified size must not be used as sleeping accommodation. The […]

New HMO Regulations – Guidance

The Government has issued guidance for local authorities on the implementation of the HMO changes coming into force 1stOctober 2018. On 1 October 2018 Mandatory licensing will apply to buildings with one or two storeys, occupied by five or more persons, from two or more separate households. We do not intend to detail the changes […]

Overcrowded properties

Measures to improve overcrowded and dangerous living conditions in the private rental sector were laid before Parliament this month by the Housing Minister Heather Wheeler. Councils will be given tougher powers including imposing fines of up to £30,000 to tackle landlords that rent out overcrowded properties. From October this year minimum room sizes will be […]

New HMO Regulations

The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018 is now published and will come into force on 1st October 2018. The Order applies to any HMO property in England. Our previous and more detailed post can be read here. Application The Order changes the definition of a HMO property under the […]

Mandatory HMO licensing extension

Earlier this month the Housing Minister stated in response to a written question that the scope of mandatory HMO licensing will be extended, likely by October this year. Parliamentary approval of new regulations to implement this change will need to be sought but we do not expect any obstacles in the way of this approval. […]

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