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News Article

"In May, you MUST give your Tenants the Renters Rights Information Sheet or

YOU RISK  - £7,000 FINE  PER TENANT PER PROPERTY."READ MORE

Landlord becomes First in England to be Banned after HMO Conviction

13th Oct 2019

The first landlord ever in England has been banned from any involvement in the private rented sector for five years.

courtroom
canstockphoto.com

Telford and Wrekin council took a Telford landlord to a tribunal court resulting in the 'rogue' being banned for five years and has been ordered to pay back the housing benefit the council had paid him for two of his ex- tenants.

The council successfully applied for the banning and repayment orders against the landlord after prosecuting him for operating an unlicensed HMO.

The Property Chamber was told at the First Tier Tribunal hearing, that the landlord was not a fit and proper person to be awarded an HMO licence.

It also heard that the landlord had realised he had no chance of ever being awarded a licence when applying for one, however he carried on regardless running a seven-bedroomed property and advertising any vacant rooms.

He had also failed to give tenants assured shorthold tenancy licences by and instead issued them with 'licenses'.

The licences included a clause that tenants could be evicted in less than 48 hours.

Councillor Richard Overton, Telford & Wrekin Council’s cabinet member for enforcement, said: “This is a landmark case; the first banning order to be applied since it became part of law more than a year ago.

“It shows how seriously we take the issue of rogue landlords.

“It is thanks to the hard work and dedication of our officers that once his existing leases expire this now former landlord can no longer continue to operate until 2024.”

Esther McVey, the government's Housing minister, said: “Everyone deserves a decent and safe place to live, and I am determined to crack down on rogue landlords who consistently choose to neglect their responsibilities.

“I welcome the fact that councils like Telford & Wrekin are making use of the powers available to tackle these criminals, forcing them to either raise their standards or leave the sector entirely.”

Telford & Wrekin Council believes that the former landlord has already applied to appeal against the tribunal's rulings.

Richard Merrick of PIMS, said: " Council's are forever introducing landlord selective licencing schemes which are becoming widespread, in their apparent efforts to 'weed out' rogue landlords.

"Good landlords are sick and tired of having to continually to pay through the nose for schemes and not seeing any real action taken against 'rogues'. Many believe that councils are happy to issue fines."

"Why has it taken more than a year for one 'rogue' to be banned from the private rented sector by just one council?

"Is it that they rely on 'top ups' from fines and banning 'rogues' stops an income revenue stream?"



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Fit for Habitation|March 2019 The ACT is intended to define minimum standards a rental property MUST be and makes a clearer pathway way for Tenants to be compensated|https://www.pims.co.uk/fit_for_habitation_act_march_2019/ Guarantor|The person who provides a guarantee and promises to make payment good should the person responsible for the agreement fail|http://www.pims.co.uk/guarantors/ MEES|The Minimum Energy Efficiency Standard (MEES) Landlords are charged with the requirement to bring their rental property to a minimum EPC rating of E. Property with F and G rating will effectively be banned from the rental market April 2018 |http://www.pims.co.uk/epc/ Section 11|Section 11 of the Landlord and Tenant Act 1985 places an obligation on the landlord to maintain the structure and exterior of the property, including installations for the supply of water, gas and electricity, heating systems, drainage and sanitary appliances|http://www.pims.co.uk/landlord-section-11-repairs/ serving date|This date is the date deemed received at the property - as an example if posted allow for posting days|/serving-notice-on-a-tenant-delivery-days/ Tenancy Application|The objective of vetting is to empower yourself so you can make an informed decision as to the calibre of the prospective person. Making your decision on facts and figures is invaluable and this is why you should always take references. The application form also provides you with permission to perform credits. This form details all the information you should ever require deal with most eventualities including absconding tenants|http://www.pims.co.uk/doc/57/ Tenant Fees|From June 2019 where renting properties in England gone are the days of charging for admin, letting fees, vetting, references, inventory, check in, check out, cleaning, pet insurance or ANY other fee that is not explicitly permitted within the legislation. |https://www.pims.co.uk/ban_letting_fees_act_2019/