Claim 12 months rent if your Landlord failed to comply regarding licenced rentals.

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theartfullodger said:

Grumpy_chap said:

theartfullodger said:

Simple rule for any business you get into.  If you don't like the rules don't start.

Innit.

Best wishes to all 

Except, of course, the licensing is a new rule and a new cost brought in after a good proportion of current LLs started.

However well intentioned, the licencing has a cost and the costs of doing business invariably eventually fall to the customers to pay.

Came in years ago in Scotland (cheap, free online to allow tenants to check) .  That England dragged feet yet again and cost more is daft. 

In the overall cost of being a landlord it's cheap.  Anything helping boot out the illegal sharks has got to be good.

Anyone going into any business area banking on their never being any legal changes would be thought by many to have scored an own goal.

The pendulum has swung in favour of tenants/landlords for as long as I can remember, financial, market and legislative changes.  (I'm 77).  What did you or anyone else expect?

When interest rates dropped, how many landlords dropped their prices? And when rates went up how many didn't increase rents?

Best regards to all 

For sure, mate there are some not-so-great landlords.

Perhaps it's time to make the playing field very fair, get the tenants to pay into a national fund
for the damaged, destruction left by some and the thousands in unpaid rent and legal costs, ie
compensate the thousands of LLs who are left out of pocket because of bad tenants.

If you are a tenant in England, I'd check with the council to see if the rental the rental you are in
requires a licence - if one is required, it should be put up on a wall of the property if it needs
one

There is no justification for a bad landlord or tenant but the playing field is
stacked in the tenant's favour most of the time when they destroy a property, not pay rent, etc.
Therefore, some form of compensation scheme paid for by all those rent is the way forward.

Councils need to come down hard on bad landlords as well and do this in a timely fashion.

WIAWSNB

A fellow I know well rented out his 4-bed Vicky in Southwark for the last decade or so, finally selling it around a year or two ago.
During the rental period, his rent was always significantly below current rates, and the tenants were given autonomy to replace any who left; they could therefore vet them themselves - usually friends and colleagues - and there was never a vacancy.
He continuously updated the house, and addressed any issues right away.
He stepped in on one occasion, when a couple of tenants got in touch to complain that another tenant - an original, and who acted as tho' he owned the place - was smoking weed in his bedroom, and had tried to sub-let his bedroom when he shacked up with a female tenant in hers. He got rid.
The tenants were very content there, and a couple even emailed him when he finally sold to express their sadness they were losing the place, and to say 'thanks' for being a decent LL.
The potential buyer was also intending to rent it out, and was discussing this with my friend. When he told her that his tenants were always happy there, she 'fessed she'd traced a former tenant to Australia (she'd been Googling the address, and his name came up from a few years back - he hadn't even been one of the last tenants), and she messaged him about his time there; he confirmed he'd loved it.
Why the tale? Well, it's all completely true, and makes clear that many LLs are thoroughly decent folk. 
One of the last tenants, however, 'cos her parents were solicitors, tried to sue him for breaching this thread's issue. Part way through the last year she was there, Southwark reduced the HMO cert from 5 to 4, and it's up to LLs to keep themselves informed of this. My friend missed it by a few months through simple ignorance, and was being threatened with action involving a whole year's rent to this entitled person.
I don't know if she succeeded - I don't want to ask, because it was genuinely upsetting to him, and not just for the loss of money. She did this simply because she could, and felt she was entitled - no ethical angle, and no other reason. 

The thing is, the 'rule change' had no bearing or impact on the tenants whatsoever. None. It made zero difference.

Solicitors make landlords look good :-)

flaneurs_lobster

WIAWSNB said:

Solicitors make landlords look good :-)

I sold my first property to a solicitor. 

That's a mistake I never want to repeat.

Ratkin007

I've commented a number of times about property licensing and rent repayment orders and have been surprised it is not more widely known about.  Back in May, someone decided to comment that it is not that common and according to the Government only 37 Councils out of 307 have it.  The majority of which are in London.  There's definately more than 37 councils and loads are outside of London.  Information on rent repayment orders awarded can be found on the residential property tribunal decisions website under  Housing Act 2004 and Housing and Planning Act 2016.

In addition, a Council can issue a Civil Penalty Notice for failure to licence. Currently CPNs are up to £30k but will increase to £40k. 

There is the Mandatory scheme which is HMOs of 5 or more people, which all Authorities should have.   Some Authorities have Additional Licensing for HMOs of 3 or 4 people or those that are not within the Mandatory Scheme.  There is also Selective licensing, generally for family accommodation or single/2 people but you have to check with the relevant authority as they can all be different.  Authorities that have licensing schemes should have a register which should be easily accessible online. 

If a property is required to be licensed and does not have one,  it invalidates a section 21 notice, though with the renters rights act I understand that will be abolished. 
Currently rent repayment orders are up to 12 months and need to be claimed within 12 months of the offence, however my understanding is the renters rights act is increasing that to 24 months.  There will also be other grounds on which rent repayment orders can be claimed. 
I'm not aware of legislation that requires the licence to be displayed in properties, however that may be a condition of the licence or the condition may just require that a copy of the licence is provided to occupants. 

How do you find out about such schemes, Authorities do advertise when they are introducing a Scheme, however it is best to periodically check on their website or contact them directly. 

For London Authorities there is also the London Property licensing website which is extremely useful