HB/LHA-funded tenant; and Prohibition Order

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  • midlandslandlord
    replied
    Originally posted by Snorkerz View Post
    So,
    You are letting a property that appears to be unfit for occupation.
    You are operating a HMO without a license - to the detriment of your tenants.
    You didn't protect their tenancy deposit
    It says SELECTIVE license - ie not an HMO.

    I'm interested (amongst the bits) in who it was from the Council who declared the cooker dangerous - do they employ Electricians?

    ML

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  • Moderator1
    replied
    Two threads by the same member have been merged here. Please do not start a new thread if you merely wish to continue a previous discussion or report on subsequent developments. It can cause unnecessary confusion (quite apart from losing the connection with facts previously established or legal points previously explained).

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  • Emma1973
    replied
    For some areas of Manchester you now need to have a licence regardless of whether it is a HMO or not. It has some quite strict rules about the condition of the property. They used to be quite lax about them to be honest but they are having a real crackdown at the moment!

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  • westminster
    replied
    Originally posted by adamsmith View Post
    start date - 31/08/08 end date - 28/02/09
    P.S. February is notorious for creating confusions with notice dates. But I am fairly sure that the tenancy periods run 1st - last day of the month so any s.21(4)(a) should expire "after [last day] [month] 2011". Or use a saving clause (ask your lawyer).

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  • Snorkerz
    replied
    So,
    You are letting a property that appears to be unfit for occupation.
    You are operating a HMO without a license - to the detriment of your tenants.
    You didn't protect their tenancy deposit

    You have a contract (be it oral or written) and an implied part of that contract is that you will provide habitable accommodation. You are currently failing to do so and this is why the council expect you to provide alternative accommodation.

    Please be aware that your s8 may fail due to a counterclaim for disrepair and that the 'rent repayment order' metioned by the council is a very real potential consequence of not having a license. Potential fines for not having a license - £10k PLUS £1k for each breach of the licensing requirements. The RRO route is available to ALL tenants in the property.

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  • westminster
    replied
    OP, I note that you created your previous thread in June 2010, and you were asking back then how to evict these tenants. It's now March 2011 so how is it possible that you haven't managed to evict them in an eight month period?

    Is your solicitor SPECIALIST in landlord and tenant law? If not, get one who is, and fast.

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  • jta
    replied
    Originally posted by adamsmith View Post
    it now gets paid directly to me. For how long has it been paid to you directly the property is in a selective licence area and been advised i need a licence,Who says? Is this a house with a family in it? Are there other unrelated tenants? my solictor is persuing eviction on S8, however the tenants are saying they never signed the 6 month tenancy and that they have paid all the rent. But have you issued a S21 to them DSS tenants, worse type. the tenants have been granted legal aid and able to start a claim to try and sue me??? For what are they trying to sue you?

    start date - 31/08/08 end date - 28/02/09
    £2400 rent arrears
    I do not understand the reference to licensing. Is this property in E or W?

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  • Brb
    replied
    Well if you think of it logically. If you have a rent repayment order because you are unlicensed that means that you illegally obtained rent and have to pay it back. (Usually unlicensed HMOs). As the rent wasn't due you cannot use S8 I would have thought ? (rent isn't due until you get the license neither).

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  • adamsmith
    replied
    it now gets paid directly to me. the property is in a selective licence area and been advised i need a licence, my solictor is persuing eviction on S8, however the tenants are saying they never signed the 6 month tenancy and that they have paid all the rent. DSS tenants, worse type. the tenants have been granted legal aid and able to start a claim to try and sue me???

    start date - 31/08/08 end date - 28/02/09
    £2400 rent arrears

    Leave a comment:


  • jta
    replied
    Do you get the rent paid directly to yourself as the landlord or does it go to the tenant first?

    Have you issued a S21 to regain possession of the property?

    Pleas give us all the relevant dates.

    Start of tenancy, length of fixed contract. Any figures for unpaid rent.

    Leave a comment:


  • adamsmith
    replied
    this is the response from the council, housing standards:

    "I write in regard to the above mentioned property which is in your control.

    It is my understanding that work has commenced in order to provide a new gas boiler within the property. However due to a problem with the electrics within the property, the plumber cannot commission the boiler due to health and safety concerns. As a result this has left the tenant and the family without a constant piped supply of hot water and adequate space heating. In addition, it is my understanding that the electric cooker has also been disconnected from the electric socket outlet due to health and safety concerns. This has also left the tenant with no cooking provision. Therefore I would be obliged if you could advise Housing Standards as to when you envisage the remedial work to be undertaken in order to reinstate the gas boiler so that it is left in full safe working order and the electric installation is safe.

    In view of the above Housing Standards is considering the service of a Prohibition Order on the property. The service of such a notice will prohibit the use of the dwelling for residential use. With this in mind, as the person in control of the property, it is your responsibility to find alternative accommodation for the occupants. You should also note that the council will charge an administration fee of £250 of which you will be liable for should there be a need to serve such a notice.

    As you are aware, the tenants rent money is currently paid by Housing Benefit. I must advise that should the remedial work required to the property not be undertaken within a reasonable timescale, the council may consider suspending any future Housing Benefit payments to you, the landlord.

    In addition, due to the outstanding remedial work, the authority may also consider a 'Rent Repayment Order'. This basically means that the council may be in a position to reclaim the last 12 months rent money paid to you due to the fact that there you have not obtained a Licence for the privately rented property.

    Finally I would advise you that the councils Housing Needs section has previously offered and is still willing to help the tenants find alternative private rented accommodation in this instance.

    Whilst I appreciate the difficulties of the current situation, the council has a duty to inform you of your duties and responsibilities as a landlord in order to ensure the health, safety and wellbeing of the current occupants, their family and that of any visitors, including that of any contractors acting on your behalf undertaking any remedial works to the property"

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  • adamsmith
    replied
    prohibition order

    hi,

    i am trying to evict my tenants, keeping it brief the situation has spiralled out of control. the council are trying to rehouse the tenants but they are not playing ball and want a 4 bedroom house, which they keep insisting, the council emailed me telling me they are considering a prohibition order so the house cannot be let and tell me that it costs £250 and its my responsibility to rehouse them. i cant rehouse them as i dont have the money, surely its the council's responsibility as they are DSS tenants. can anyone help?

    a really desperate landlord.... help

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  • jeffrey
    replied
    Originally posted by adamsmith View Post
    with regards to the deposit he is corrrect, that if its paid and not protected and T brings an action against LL, the judge can either make the LL secure the deposit under DPS or any other Scheme and or** make the LL pay 3 x the deposit. the only issue in my case is that its protected however the T seems to think its not, apparently they never got the "prescribed information"??? it was all hand delivered with a witness. i know if i post it i will miss the deadline. i can hand deliver with two witnesses tomorrow who will more than happily provide a witness statement to that effect.
    As to your 'and or', asterisked above, please re-read post #25. The Court MUST:
    a. order repayment or protection of deposit; AND
    b. order L to pay to T a civil penalty of 3x.

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  • adamsmith
    replied
    Originally posted by mind the gap View Post
    If you can indeed deliver it by hand tomorrow with independent witnesses it should be valid - but if as you state above you want iit to expire on 30 Sept you have until 31st July to serve it anyway.

    Or do you want to serve it tomorrow (if poss) to expire on 31st August?

    Now wonder your last one got thrown out!

    westminster has explained all this really clearly in #3, in any case.
    Sorry, i am confusing the matter, i am going to hand deliver tomorrow with 2 independent witnesses. to expire 31st august. regards

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  • mind the gap
    replied
    Originally posted by adamsmith View Post
    am not saying that it wont happen but the tenant hasnt brough an action for the deposit issue and its been 2 months. i believe he is just trying his luck. never the less the deposit is protected under the DPS scheme.
    Well supply him with a duplicate copy of the prescribed information. It's not brain surgery, is it?

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