Evict a rogue Landlord - Shelter...

theartfullodger

Gorgeous_George wrote: »

I hope the shelter website avoids legal action from disgruntled landlords wrongly accused. Malicious comments could well be libellous.

GG

Dear George.. didn't know there were any "landlords wrongly accused" mentioned on Shelter's website: Coulds't post the link(s) please??

Cheers & thanks in advance

Artful

Gorgeous_George

theartfullodger wrote: »

Dear George.. didn't know there were any "landlords wrongly accused" mentioned on Shelter's website: Coulds't post the link(s) please??

Cheers & thanks in advance

Artful

No idea. I haven't looked at the site.

GG

theartfullodger

Gorgeous_George wrote: »

No idea. I haven't looked at the site.

GG

Thanks George: Hope there's no bus-drivers wrongfully accused on the FirstGreatWestern website then...

Cheers!

Artful

red40

tbs624 wrote: »

T can apply to the private sector housing team/EHO for assessment of the property, Council cannot enforce repairs until LL given further chances to rectify, T still paying rent whilst enduring shoddy and unhealthy living conditions.

That reminded my of this case that was in one of our local papers. It would appear the council found the property in poor condition, issued enforcement notices and the rogue landlord didn't like the notices so appealed them to the Residential Property Tribunal (RPT) and they confirmed the notices and yet the landlord still didn't do the works. Sounds as though the council stepped in and carried out the works and by the costs of them it must have been a bad property and a bad landlord!

RPT hearing http://www.rpts.gov.uk/Indexes/MAN_HA_IMPVN_00CB_2008.htm

and subsequent newspaper article

http://www.housingnews.co.uk/northwest/dailynews.asp?week=28/09/2009#H233510

What is apparent here is that the occupiers of the property had to wait nearly a year to get the works carried out!

lynzpower

Sounds as though the council stepped in and carried out the works and by the costs of them it must have been a bad property and a bad landlord!

certainly does! Look at that list of works!!

Brb

ooooh I have a radical idea.

Take property from the worst LLs, councils pay off any outstanding mortgage and then rent it out properly.

*mentally prepares herself for getting laughed at*

lynzpower

Heres another one regarding lack of HMO licensing:

Architect HMO landlord fined
http://www.cieh.org/ehn/ehn3.aspx?id=32460

20th August 2010
A Birmingham landlord has been fined £18,000 after failing to licence six HMO properties.

David Delaney Hall, an architect from Edgbaston, owns a total of 21 student properties in the Selly Oak area, either directly or as a director of an owning company.

Birmingham City Council took a prosecution against Mr Delaney Hall after it was discovered that HMOs at 29 and 31 Coronation Road, 169 and 171 Heeley Rd and 9 and 25 Rookery Road were not licensed.

Eleven of his other properties have the correct licence, showing he was aware of the legal requirements.

The council said it made ‘many attempts’ to persuade Mr Delaney Hall to license the properties and that he only submitted applications only after legal proceedings were instigated.

On 29 July 2010 at Birmingham magistrates court Mr Delaney Hall pleaded guilty to failing to obtain HMO licences for the six properties.

He was fined £3,000 per property plus prosecution costs of £2,072, amounting to a total of £20,072.

lynzpower

heres another one, this is interesting as it specifies what each part of the fine was for:

A city landlord who rented out a property to students for over 13 years has been hit with a massive fine for failing to maintain it properly.
Peter Teifion Jones of 110 Newton Road, Mumbles, pleaded guilty to a string of offences relating to poor management of an eight bedroom property at 34 Bryn Road, Brynmill.

In total, Mr Jones pleaded guilty to 12 charges and has been fined £8,500, and ordered to pay costs of £2,287 plus a £15 victim surcharge.

The fine came after a Swansea Council Environmental Health Officer visited the house in multiple occupation (HMO) in July 2009 and found the property to be in a very poor state.

By law, landlords of HMOs in Swansea have to be licensed with the Council. The licence requires the landlord to maintain the HMO to a certain standard and ensure the personal safety of tenants.

Officers gave Mr Jones until November 2009 to carry out improvements. However, he failed to do so and legal action was taken.

In their sentencing on 5th August 2010, the Magistrates took into account Mr. Jones' guilty plea and mitigation presented by his barrister, but took a very serious view of his management failings which included failing to maintain fire alarms and equipment and means of escape in case of fire.

John Hague, Swansea's Cabinet Member for Environment said, "This is an excellent result. The level of fine shows the seriousness of these offences.

"Landlords who rent out property have a duty to manage them well to protect the health and safety of the tenants.

"Whilst Swansea Council is keen to work with good landlords we will continue to use our legal powers with those who fall below the standards required."

The total list of offences includes:

Failure to comply with Improvement notice - £1,500

Failure to maintain means of escape in good order and repair - £2,000

Failure to maintain fire fighting equipment and alarms in good working order - £2,000

Failure to maintain common parts in good and clean decorative repair - no separate charge

Failure to maintain common parts in safe and working condition - £750

Failure to ensure stair covering was safely fixed and in good repair - no separate charge

Failure to maintain fixtures, fittings or appliances in good and safe repair and clean working order - £500

Failure to ensure garden kept in safe and tidy condition - no separate charge

Failure to maintain boundary wall in good and safe repair - £500

Failure to maintain internal structure of living accommodation in good repair - £500

Failure to comply with licence conditions (no logbook) - £750

Failure to comply with s235 - no separate charge

lynzpower

Brb wrote: »

ooooh I have a radical idea.

Take property from the worst LLs, councils pay off any outstanding mortgage and then rent it out properly.

*mentally prepares herself for getting laughed at*

Funny you should say that!!

Bristol may take charge of HMO's from 'unfit' licensee

16th July 2010
A private landlord has been fined £40,000 with £7,739 costs for neglecting two large rented properties in Knowle and Totterdown, Bristol.

Michelle Andrea Simmonite admitted 17 offences at Bristol magistrates court in June.

EHOs from the city council and fire prevention officers from Avon Fire and Rescue service inspected a licensed house in multiple occupation (HMO), 100 Redcatch Road, after a complaint from tenants.

They found parcel tape placed over the fire alarm control panel to prevent it sounding continuously, incorrect storage of flammable materials, a blocked means of escape from the building, including one door that was padlocked, and fire doors maintained in poor condition.

The shared areas in the property were in a poor condition, with dampness in three rooms, windows in poor repair and missing electrical fittings.

At 20 Knowle Road, another licensed HMO, they found the means of escape from fire was not maintained, extensive dampness in a basement bathroom, exposed wires, smashed glass, a broken draining board and a dangerous staircase leading to the garden.

The magistrate said the severity of the sentence reflected Ms Simmonite’s lack of co-operation and the seriousness of the offences.

The council is to revoke the HMO licences as she is no longer considered a fit and proper person. It is to consider taking over management if a suitable licence holder does not come forward

http://www.cieh.org/ehn/ehn3.aspx?id=31848

theartfullodger

Brb wrote: »

ooooh I have a radical idea.

Take property from the worst LLs, councils pay off any outstanding mortgage and then rent it out properly.

*mentally prepares herself for getting laughed at*

Not really BRB, already (kinda ) happening....

Antisocial behaviour (Scotland) Act 2004 Section 74....

http://www.legislation.gov.uk/asp/2004/8/section/74

74Failure to comply with notice: management control order S

(1)If, on the application of the local authority that served an antisocial behaviour notice on a landlord under section 68(1), the sheriff is satisfied as to the matters mentioned in subsection (2), the sheriff may make a management control order in respect of the house to which the notice relates.

(2)Those matters are—

(a)that the landlord has not taken the action specified in the antisocial behaviour notice within the time so specified;

(b)that, having regard to all the circumstances relating to the relevant house, it would be reasonable for the landlord to take that action; and

(c)that, to enable the antisocial behaviour described in the notice to be dealt with, it is necessary to make the order.

(3)A management control order is an order which—

(a)transfers, for such period not exceeding 12 months as may be specified in the order, to the local authority which made the application the rights and obligations of the landlord under the tenancy or occupancy arrangement under which the house is occupied;

(b)if during that period a tenancy is granted or an occupancy arrangement made for the occupation of the house, transfers for that period to the local authority the rights and obligations of the landlord under that tenancy or arrangement;

(c)makes for that period such incidental provision as the sheriff considers necessary.

(4)Where the local authority on whose application a management control order is made is satisfied that—

(a)sums in respect of rent or other consideration for occupation have been paid to the landlord under the tenancy or occupancy arrangement under which the house is occupied; and

(b)those sums have been paid in respect of a period during which the order is in force,

the authority may recover those sums from the landlord.

(5)Schedule 3 (which makes further provision in relation to management control orders) shall have effect.

Good eh?? The act also brought in mandatory registration of landlords (still not 100% successful, but getting there..)

Come on Engerland, where are you???

Cheers! (Aye the noo...)

Artful