It would be lovely to write a blog that makes licensing so easy, but as we all know, or should know, it is not. In this blog post we try and break down the world of landlord licensing into small, manageable chunks, without the often associated jargon.  

What are the consequences of not having a landlord license?

  If you fail to have a landlord license, then the consequences for you, as a landlord are severe. You can:

• Be fined an unlimited amount (often £30,000)
• Be subject to a rent repayment order
• Or a rent stop order
• Have assets taken from you under the ‘Proceeds of Crime Act’
• Be prevented from renting out your properties in the future
• Be prevented from recovering possession
• The Local Authority can take over the management of the property

  Despite these consequences, many landlord still ‘have a go’ themselves. At NewBold Solicitors we are all too often instructed late in the process by many landlords who have not taken the matter sufficiently seriously.  We have an excellent record for defending orders made against landlords, but it always helps when you contact us early.  

What landlord licenses can be breached?

If you have received notification that you are in breach of the following licenses:

• That you are operating a HMO (House in Multiple Occupation) without a license
• That you are renting a property in Wales and you are not registered with Rent Smart Wales.

Will I have to go to a tribunal?

This is a possibility yes. This is where you will make your case to the court, and attempt to defend your landlord license, or lack of it. The tribunal will take into account:

• Your conduct as a landlord
• Your financial circumstances
• Whether or not you have been convicted of a relevant offence or you have received a financial penalty
• The tribunal also considers the conduct of the occupier

What happens if I’m found guilty at my landlord license tribunal?

If you are found guilty of the offence, which is on the criminal principle of ‘beyond all reasonable doubt’ and you are fined, then the order is treated as any other debt against you and is enforceable by such methods as bankruptcy or charging orders etc.  

How do I apply for a landlord license?

In order to apply for a license, you have to be considered a ‘fit and proper person’.  It costs usually about £500.00 and if you have applied, but the license has not been granted, then you can argue that the license is in hand.  However, if it has been refused, and the appeal refused, then you will not have a license. Another person can hold a license for you who is ‘fit and proper’, but if you are found in breach, and the case is taken to court, the tribunal will look at control, who is managing and controlling that property.  

What do I do if I’ve received notification from my local authority?

If you have received notification from the local authority (LA) that they believe you are renting without a license, then please pick up the phone or email our team who will deal this matter quickly and efficiently so you can continue to rent out your properties and receive your rental income. For a free 15-minute assessment and then £216.00 an hour inclusive of VAT, with the average defence of a license being between £900 - £1,500.00 (depending on the complexity of the issues).  A considerable saving of having to pay a fine or having a rent stop order made against you.     All advice given in our blogs cannot be relied upon as they depend on individual circumstances and changes in legislation,  they are meant to be a guide of the law only

As a result of the Tenant Fee Act 2019 coming into force on 1 June 2019 the Government has issued a new 'How to Rent' Guide and a new Form 6a (Section 21).

If you would like further assistance and/or advice please contact our housing department on 01446 789359.

The Government has today (24 January 2019) announced an overhaul of the 'broken housing complaints system'.

Community Secretary Rt Hon James Brokenshire MP stated 'the proposals I have announced today will help ensure all residents are able to access help when they need it, so disputes can be resolved faster, and people can get compensation where it's owed.'

For full details of the announcement click here.

To be kept up to date speak to us about our newsletters, or keep reading our blogs, follow us on Facebook, or attend one of our training events. Speak to Kirsty for further information

The Tenant Fees Bill has completed its passage through the House of Lords and Lord Bourne of Aberystwyth, the Government's housing spokesperson in the House of Lords, confirmed it will come into effect on the 1st June 2019 for all tenancies signed on or after that date (subject to Royal Assent). Examples of banned fees would be:

• Charging for a guarantor form
• Credit checks
• Inventories
• Cleaning services
• Admin charges
• Gardening services

Landlords and agents will be able to charge their tenant for damage caused to the property, loss of keys and late payment of rent. These fees will also be limited and there will be stricter rules in place. There will be consequences for charging a fee that is not permitted. Tenants will be able to reclaim the money they have paid via the county court and trading standards will be able to issue fines up to £3,000.00. Landlords will also be unable to serve a Section 21 notice if they have charged a tenant a fee where they should not have and kept the money. To be kept up to date speak to us about our newsletters, or keep reading our blogs, follow us on Facebook, or attend one of our training events. Speak to Kirsty for further information.

Some of you may recall the feature on Tilly the Ewe that appeared in the 16^th November 2017 edition of the #Gem.   Well we have an update for you. For those who missed it, it is a story of ‘Triumph over Adversity’; Tilly the ewe lives on the Elan Valley Estate in Mid Wales. In 2017, Tilly was critically ill with ‘twin lamb disease’. She was not a special Ewe, she would not stand out in the flock as you can see from the photo. But Tilly showed remarkable strength of character, resilience and a desire to live. Despite everything, Tilly survived. Only for a Partner of NewBold to be told, she would be going for dog meat!! That couldn’t happen, we pleaded for clemency, and now, Tilly has not only had a lamb last spring, but it was a very large, very healthy Ram (as you can see). Tilly is providing to be an excellent Mother. The Ram is called Tommy, and we hear from the Trust, who kindly provide us with updates, that he is being kept on the Estate as a ‘Tup’. Tilly has shown, that you can’t judge a book by its cover, and that you can Triumph Over Adversity if you have the desire to do so. Tilly is now being well cared for by Tudor in the Elan Valley and if anyone has visited the Valley, they will know how lucky Tilly and Tommy are. NewBold Solicitors won the Triumph Over Adversity Award with the Federation of Small Business 2018/19, both Tilly and NewBold can evidence that great success can come after challenging time.