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

  Are you looking for an experienced Landlord and Tenant Solicitor? it can be very difficult to find a property lawyer who specialises in Landlord and Tenant disputes, even harder to find one who you can trust to resolve the issue you have, quickly, efficiently and without charging you a fortune. The reason there are not many proficient housing lawyers and solicitors available for you to instruct, is mainly due to the complexity of the area of law, the ever changing statute (which means you cannot dabble in Landlord and Tenant law). You have to be experienced in many other areas as well, for example, debt, contract, family and benefits.

Is Landlord and Tenant Law in Wales different to England?

If you live in Wales, the law is very different to the law in England, and also Scottish law is very different again, which all adds to the complexity for both landlords and tenants alike. If you are not aware of the different legislation, then Landlords can face substantial fines and may even be stopped from renting out their properties to tenants in the future.  It is simply not worth risking your livelihood on ‘having a go’ yourself, or instructing your nearest law firm, or the firm that dealt with your last conveyancing transaction or drafted a will for you. It is important that you seek proper specialist legal counsel. For tenants, the issues can be different again, many tenants are not able to access free legal advice because public funding (legal aid) is scarce, and this can make it very difficult to bring a claim against a Landlord. Therefore, it is extremely important that you   NewBold Solicitors are a leading Landlord and Tenant law firm with an excellent record in resolving Landlord disputes. Landlords, we can can assist you with the following:

• Possession applications
• Defending breaches of housing legislation such as failure to obtain a license
• Defending claims brought by tenants
• Rent recovery
• Neighbour & boundary disputes

  Tenants, we can assist you with (for example):

• Recovering deposits
• Issue claims against Landlords for a lack of repairs (Disrepair Claims)
• Defending possession claims
• Making claims for the landlord’s breach of tenancy
• Neighbour and boundary disputes

  We have a number of charging options.

Renting Homes (Fees) (Wales) Act in a nutshell:

Under the Wales Act, which come into force after 1 September 2019:

• There are now permitted payments that can be made to a Landlord or an Agent, and payments that are not permitted.  If an Agent or a Landlord has requested payments from a tenant that are not permitted under the Act, then the Landlord has breached the Act and there are serious implications for him/her.  Further, if they hold a license through 'Rent Smart Wales' then any breach would be reported to  the scheme and the license could be revoked.   An example of a permitted payment would be 'rent' or a 'deposit'.  However, there are a lot of unpermitted payments, for example, charging a tenant to renew a tenancy agreement.
• If you are holding a deposit as a means of securing a property, there are now strict time scales for you to return the deposit to a tenant.  If you are a tenant and you have agreed to secure a  property by entering into a holding deposit arrangement, and you have not breached that arrangement, then the tenant is entitled to the deposit returned within 7 days.
• If you are an Agent, it is an offence not to publicise your fees; it is important to be open and transparent.

If you are looking for free housing advice for Landlords, free advice for Lettings Agents or Tenants, then call our Housing Lawyers for initial free guidance on the complex changes.

From today (20th March 2019), under the Homes (Fitness for Human Habitation) Act, tenants will be able to sue their landlords over unfit homes. Properties may be deemed unfit if there are issues with:

• Heating Systems
• Damp
• Mould
• Insulation
• Asbestos
• Ventilation
• Water supply
• Lighting
• Repair
• Food preparation and cooking facilities
• Internal arrangements
• Sanitary arrangements
• Stability

Understandably, the above list is open to interpretation and we will no doubt see, in the coming months, an increase in litigation. We will keep you updated via our blogs and social media... It has never been more important to ensure properties are up to scratch and to know the law. Here, at Newbold Solicitors, we can help with our free of charge initial advice line, and if you choose to instruct us our transparent and great value fees. For further information call us on 01446 789359 and keep up to date via our blogs and social media post.

A recent report by the communities and local government committee on homelessness pointed out that the “housing first” model “appears to have had a positive impact in Finland”.  Finland is the only European country where homelessness has decreased in recent years. From 2008 to 2014 the number of people who were long-term homeless decreased by approximately 18%, and homelessness continues to decrease.

The housing first model is based upon people who are homeless being given housing first rather than progressing them through temporary accommodation. The idea is that people who are homeless need a home and the issues that may cause them to be at risk of homelessness are addressed when they are in stable accommodation.

Read the full story here: https://www.bbc.co.uk/bbcthree/clip/645f92d8-25fc-4c55-8cfb-0fb8dcfe19c2