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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. […]

Banning Orders

The draft regulations introducing banning orders have now been published and are expected to come into force on 6 April 2018. Our previous blog on banning orders can be read here. Under the regulation, agents and landlords can be banned from engaging in letting agency or property management work or letting properties if they are […]

Costs Cap

The Tribunal Procedure Committee (TPC) has published a consultation paper seeking views on Rules in relation to the question of placing a cap on costs recoverable in leasehold and property cases. First Tier Tribunal (Property Chamber) The First Tier Tribunal (FTT)– Property Chamber (PC) hears cases on property, landlord and tenant and housing matters. A […]

‘Fit and Proper Person’

In London Borough of Waltham Forest v Reid, the Upper Tribunal dismissed the council’s appeal on the grounds that their policy was unreasonable. The Law In 2015 the council designated the whole of the LBWF as an area subject to selective licensing. Unless renewed this designation will end on 31st March 2020. On application, and for […]