16th
Jul 2013
The Head of one of the family’s Property Groups was fined £3,000 by Tottenham Magistrates Court for failing to apply for the necessary licence for a property within the Authority that was a shared occupancy.
Another firm that the family also owned received a further fine of £1,000 for the same offence and was also ordered to pay Haringey Council full costs of £1,725 last month.
The family had received many warnings over the past year that the newly introduced Additional Licencing scheme meant that the majority of rented homes that had multiple occupancies must obtain a licence irrespective of size or number of occupants.
The Head of the former Property Group, despite many warnings, and is an accredited Haringey landlord, failed to apply for a licence until he received a summons...which of course was too late.
He is the first landlord, in the Authority, to be fined under the new licensing scheme. Cllr Nilgun Canver, cabinet member for the environment, said: “Unlicensed HMOs have brought many problems to tenants and the community in certain parts of the borough.
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“We introduced this Additional Licensing Scheme on the Harringay ladder to help improve matters, and we made every effort to advise landlords which properties would require HMO licenses.
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“It’s very disappointing when landlords with many properties, who should know better, fail to take the required action. This case must reinforce our message to HMO landlords that if they don’t get the required licenses they will be subjected to a programme of targeted enforcement action.”
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Expect to hear of more such cases as this licensing scheme will catch on across the country. The action may not just stop at a fine, as convicted landlords could be seen as unfit to hold HMO licences and may have to appoint other people to take management of the properties.
In some cases landlords can face action by the council to recover up to 12 months of housing benefit paid on their unlicensed properties.
The landlord has now applied for licences for nine properties and has provided a list of other properties for which applications are to be submitted shortly.
PIMS COMMENT -
- Failure a Landlord fails to comply with Mandatory HMO licencing it can be argued to be reckless. the likelihood of fire in HMO properties is 70% greater and in the event of a fire should the Landlord have failed in their appropriate due of care they could face a custodial sentence
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Where there is a degree of concern is where councils are introducing Additional and Selective Licencing as a way of boosting their coffers by chargeing fees; What logic or common sense deems sensible that a brand new Barrats Show House requires licence to rent to the Tenant - Are councils now viewing the use of additonal and selective licening as a revenue generator ?
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FAILURE TO COMPLY with licencing can result in prevention from Eviction, up to £20K fine, being excluded from being a Landlord, rent repayment orders etc
for more info see
- PIMS latest legislation - HMO Selective Licensing Planning Law changes
- Labour is planning to introduce a National Register of Landlords with the aim that anyone who is found to be negligent will be struck off the Register and consequently stopped from being a landlord. read more
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Hot on the heels of Newham Council introducing the first Landlords License scheme, Liverpool City Council announces the opening of its city-wide Selective Licensing consultation.
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Southend Council proposing £400 admin fee for enforcement procedures
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