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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 forced to repay rent for unlicensed HMO

17th Jun 2014

In what is a clear warning to all landlords, that because of evidence from a court case which was put before Chester's residential property tribunal of operating an unlicensed HMO, that he must repay over £5,000 of housing benefit back to the Council.

The tribunal did not stop there as it also fined the landlord a further £10,000 for putting his tenants' lives in danger. He was ordered to repay Cheshire West and Chester Council £5,251.84 of housing benefit that he received for three tenants that lived in the converted bedsits in the property that was unlicensed.

In October of last year, the landlord who owns a property group was found guilty of nine offences under housing legislation. One of the offences was illegal eviction and he received a fine of  £9,590.

Alison Amesbury, the council’s interim head of housing strategy, said: “This is the first time that Cheshire West and Chester Council has taken formal action for these types of offences.

“We are delighted at the tribunal decision. It sends out a strong message that rogue landlords who put their tenants at risk will not be tolerated in West Cheshire.”

The Council has set up its own private sector housing team called Chester First which was responsible for establishing the case against the landlord. The team was contacted by a distraught tenant who informed them that the landlord was trying to force him out by removing both the glazing to the window and the bedsit door.

The team subsequently visited the property and found that fire safety regulations had been breached, especially in relation to windows and the staircase and the overall property management and maintenance were virtually non-existent. The fact that property was an unlicensed HMO was also brought to light.

The Property Chamber Northern Residential Property First Tier tribunal received the evidence from the court case at the end of May and they told the Council of their decision in June.
 

PIMS RELATED CONTENT

What are rent Repayment Orders ?

  • Were a tenant lives in a property that should have been licensed but was not, they can apply to the Residential Property Tribunal to claim back any rent they have paid during the unlicensed period (up to a limit of 12 months). Councils may also reclaim any Housing Benefit that has been paid during the time the property has been without a licence READ MORE see Rent Repayment Orders
  • Suspension overpayments and repayment of LHA Housing Benefits
 
 
 
 



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

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

 

 

 


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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/