Rent Repayment Orders

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    Rent Repayment Orders

    I've been managing a property with 3 flats
    They don't have planning permission which ive just found out when the council wrote to me for information about it
    I've been managing it for 2 years now
    Can the council action a Rent Repayment order on this property?
    Or is this only if they take enforcement action and win?
    Will this order be on my name as the agent or the landlord?
    Two flats have been on housing benefit, one on private rent
    I've been paying the landlord a guaranteed rent 20% below what i get
    Thank you




    #2
    Who is named as landlord on tenant's ASTs please?

    Which redress scheme are you a member of?

    20% yet you didn't find out about planning? Building regs approval also needed?

    Are they on separate council tax bills?

    Have you served s8 & or s21 on each tenant?

    Presumably s257 HMO?

    What training in landlord/tenant/agent law have you done please?

    re RPO, apparently not for no planning permission, but maybe for other matters yes....
    http://england.shelter.org.uk/legal/...yment_orders#1

    This thread should be required reading for any landlord considering a "guaranteed rent" scheme/scam...
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Originally posted by theartfullodger View Post
      Who is named as landlord on tenant's ASTs please?
      Even if you're not the landlord, which given your 20% comment I would guess is unlikely, I leave this here:

      http://www.propertyindustryeye.com/j...nlicensed-hmo/
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

      Comment


        #4
        1. Why is the council writing to you, they could look up the information on land registry as to the owner of the property.
        2. Do you have an agreement between you and the landlord?
        3. Do you take cash payments or bank transfers/standing orders, this will then at least prove the rent you receive, if it is 20% below MV.
        4. What did the council say in their letter, only that there is no planning application for the 3 flats, do they give any other information such as ceasing on renting, if they have you should comply to reduce any fines/ action being brought on yourself. Does the property comply in other areas such as gas safety, smoke alarms etc? You/landlord may try and retrospectively get planning permission on the flats if they have been in this state for a while and can prove it with council tax, utility bills etc.

        Comment


          #5
          Peter Phllip, please provide some backround for your Q.
          Without Planning Permission. the Council COULD require the flats to be demolished at Owner's expense, or more likely, require the builder to apply for retrospective PP.

          Comment


            #6
            Hello
            Thank you for your messages
            The agreement is between me and the tenants
            I have a 2nd commercial agreement between me and the landlord seperately
            Yes separate council taxes for each, 1 flat on each floor
            I'm studying for the ARLA
            They are writing to me as they went knocking and they got the AST from the tenant
            Yes all payments are in BACs
            Yes everything else complies, i've got all the certs and carry out frequent inspections
            Can they council hit me with a Rent Repayment Order fir 12 months?
            I'm losing a little sleep over this, i'm worried

            Comment

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