The PIMS Tenancy Agreement complies with the Tenant Fees Ban June 2019
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.
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.