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Financial Penalty Notice slapped on landlord after appeal case

A council has won an appeal to enforce a Financial Penalty Notice that was served on a landlord who let out a privately rented property without a licence in place.  

A financial penalty to the value of £3,673.00 was served in July 2023 because the landlord failed to submit an application, despite numerous warnings by East Staffordshire council.

A selective licensing scheme came into effect in September 2022, which the council says “aims to improve private rented properties and the health of tenants by ensuring that all properties within the designated area are managed to a satisfactory standard and are safe and free from serious hazards prior to a licence being granted.”

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It is a criminal offence to let a privately rented property in a designated area without a Selective Licence in place. Penalties include prosecution and an unlimited fine or a financial penalty up to £30,000. 

A total of nine financial penalties have been served on rogue landlords totalling over £22,000 since the start of the current selective licensing scheme. 

A council spokesperson says: “This case should act as a warning to landlords that have properties within the selective licensing area. Failure to comply with the scheme will not be tolerated and may result in enforcement action being taken against you. This is a warning to landlords that they must ensure they have a selective licence for their properties”. 

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    Landlords should know better than to Appeal or go to a Tribunal.

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    What did the council do with the receipts of financial penalty of £22,000?
    Did you go into council's back pocket. They write this with glee, at the unnecessary expense of the landlords and tenants. It is totally sick move.

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    They say to improve Private Rented Property but certainly seems more like they want it extinct.

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    If my LA bring in licencing thats me out of the rental market and several more families going to the council for housing.
    If anything this should be a 2 way street. If LA's want a register or licence for Landlords then there should be an equivalent for tenants. Each tenant should be issued a specific number and put on a register. This would help towards tenants compliance with AST, cut down on nuisance tenants, and encourage them to look after their properties. This register should be accessible by the Landlord's who are paying into a licence scheme.

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    I agree. It is all these regulations that are scaring the small PRS landlords into selling up. It is not the landlords causing the situation, it is the authorities and the Government.

     
  • Yonnette  Roberts

    Well done. A lot of landlords are compliant so those that are not should be punished. Still better to take their properties away . While we are waiting for the tribunal’s decision they are still collecting rent. Heads up to our good landlords

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    This description is highly truncated, unable to ascertain facts. However it is a communist tactic to attack landlords.

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    Yonnette, very good every one thinks their property is the best ever just wait until you get the inspection and you’ll find out.
    The stupid things they make me do, like she said them them kitchen units are made of wood, Agee yes they are & so is every other kitchen in the Country, they’ll have to be fire proofed so I’ll give you the specification, 3 coats of 3 different products £150. thank you my labour is free.
    The hatch door to roof space will t to be fire proof hatch door no nothing up there only 350mm thick insulation, again I’ll go you the specifications a mammoth. All door / jambs fire rated, smoke seals, self closing, Euro locks types with thumb screw inside so as no one gets locked inside etc.
    It goes without saying you have Emergency lighting & Certificate annual , you have hardwired fire alarm system & Certified annually, you have gas Service & Certificate annual, you have the required EPC, fire risk assessment report annually, the 5 yearly DEICR all the other stuff.
    Now let me start on what facilities you have and how much more required, better not I am educating you too much & you know your property is Compliant already.
    Best wishes dream on.

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    I think Yonette is a person who carries out inspections.

     
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    I think that instead of Licensing, the law shoujd be that landlords can only rent out their properties using agents to manage. That way it is fair on both the landlords and tenants. The management fee is worth paying and it could save a lot if money for landlords and tenants.

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    Steph, are you an Agent or have you been to the pub.
    Where doe’s all this extra money come from for the Tenants and the landlord and another 12/15% for the Agent & 20% VAT.

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    Michael, I am both and not all agents charge 12/15% plus VAT. Smaller independent ones usually charge 10% and no VAT.

     
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    Fair enough point taken but whatever the figures are they are still very relevant to the cost of running the Business.
    Honestly I can’t imagine many Agents with a turn over below £85k the threshold for vat Registration.

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    Ours is and stays small for that reason.

     
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    Shelter has a job on offer for one person for 106k 👍

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    The council is sucking the blood from private rented sector and slowly bleeding it to death. Making profits in the process. Very shameful considering they are equally guilty of most offences that they fine the landlord for.

  • Mick Roberts

    Punishment don't fit the crime. They really making it bad for tenants looking for houses cause we all packing up cause of rubbish like this

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