It is estimated that there are 250,000 pensioners living in damp or unfit rental properties.

They often do not know where to go to complain, or whether they can complain at all.

The fact is, that all tenants have a right to live in a safe, happy and peaceful environment.  They should not worry about 'what if I make a claim, can my Landlord evict me'.  Tenants are protected in law.

The Housing Act states that a tenant must live in a property where all the essential services (gas heating water etc) are in a good working order.  That the fixtures and fittings should be in a good state of repair.  The

There are Agencies where tenants, including elderly and vulnerable tenants can go for free housing advice.  Not many housing solicitors who specialise in Landlord and Tenant legal problems, offer free landlord and tenant help, but at Newbold Solicitors we provide NO WIN NO FEE on disrepair claims.

  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

      If your tenant has stopped paying you rent you should:

1. write a letter to them, asking them why and advising them that by failing to pay you rent they risk you serving them with a S8 or S21 notice.
2. If they fail to get in touch, it may be worth sending a Solicitors letter to them.  It is often looked at as a more formal response, that you are 'serious'
3. If this had no effect, then you should consider serving a notice on the tenants.  You can either serve a S21 notice (for 2 months) or a S8 notice (for 2 weeks)
4. If the Section 8 notice has no effect, then you may have little option but to apply to Court for a Court order.

What if my Tenant has advised me that there is disrepair, can I still serve a notice?

1. If the property is in England and you have been served with a notice by Environmental Health, then you first of all must make good any repairs that they have found.
2. the tenants should not stop paying you rent just because there are repairs outstanding.

What are the cons for serving a S8 notice?

1. Well you will have to attend Court.
2. The Tenant could put in a counterclaim
3. if you do not get the best advice, then it could  become a lengthy process.

What are pros for serving a Section 8 notice:

1. You only have to give 2 weeks notice
2. if the tenant owes you more than 2 months rent at the time of serving the S8 notice and when you attend Court, the Court has to order possession
3. You can make a claim against your tenant and he/she could end up with a county court judgement against them.
4. if a defence is filed and you are successful, you can claim your costs over and above your fixed costs.

To find out more about the best way of recovering your rent, then please call our housing team.  

Rachel Anthony (Civitas Chambers) recently represented a tenant in an appeal concerning the requirement for Landlords to be licensed pursuant to Housing (Wales) Act 2014 in order to serve a section 21 notice.

Further details can be found here

A professional landlord from Briton Ferry who was refused a Landlord Licence because of the condition of his properties, his management practices and a prosecution by Neath Port Talbot Council over his failure to comply with an Improvement Notice, has lost his appeal against the decision.

This will come as welcoming news for all tenants and should encourage more tenants to report 'rogue' landlords.

Read the full story here.

If you are having problems with your landlord and/or have issues relating to your rental property, please contact our specialist housing solicitors on 01446 789359.