UK’s first banned landlord faces jail after ignoring order
The first rogue landlord to be handed a banning order in the UK could face jail after being convicted of ignoring it.
David Beattie was banned from letting properties in September 2019 after being prosecuted by Telford & Wrekin Council for managing an HMO in Dudmaston without a licence and for deliberately misleading tenants over their rights by telling them they could be evicted within 48 hours. At a tribunal hearing, Beattie was deemed not to be a fit and proper person to hold an HMO licence.
He has now admitted breaching the order when he appeared at Shropshire Magistrates’ Court which heard that although the ban remains in force until August 2024, Beattie ignored it and let out a property in Woodside between June and November 2020. Sentencing has been adjourned to 18th October.
The council’s cabinet member for enforcement, community safety and customer services, councillor Richard Overton (pictured), says: “We are extremely disappointed that Mr Beattie chose to ignore the banning order, and we want this to be a reminder that we take such matters very seriously.
“Protecting the people in our borough and ensuring they have a safe place to live is at the forefront of everything we do.”
Banning orders prohibit landlords from renting out residential accommodation, engaging in letting agency work or property management work.
They also prohibit holding an HMO licence or a licence granted under a selective licensing scheme.
A banning order lasts for at least 12 months and the landlord’s name goes on the national database of rogue landlords. If convicted for breaching a banning order, they can be imprisoned or fined while councils can also impose a civil penalty of up to £30,000 as an alternative to prosecution.
Read more about Beattie’s previous court appearances.
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Repeat rogue landlord fined £17,000 just months after £50,000 penalty
A rogue landlord has been fined £17,000 for renting out a dangerous and unlicensed HMO – just four months after being handed a £50,000 fine for similar offences at another property.
Francis Investments (East Anglia) of St Helens Street, Ipswich, and director Ralph Bernard (pictured above, right), were found guilty of all nine charges brought under the Housing Act 2004 at Ipswich Magistrates Court.
It follows an investigation by environmental health officers in Ipswich Council’s private sector housing team who found the property in Starfield Close had no licence, insufficient fire safety precautions as the alarm system was completely inadequate, and no fire doors.
The investigation also revealed a poorly-installed electric light in the bathroom, missing staircase baluster, a kitchen floor covering in poor condition, defective cooker and a poorly maintained garden with a dumped mattress.
Firefighters called
In the previous case, Bernard was ordered to pay fines and legal costs of more than £50,000 after firefighters were called to an incident in his London Road property in 2019 to discover a range of fire safety concerns as well as an illegal basement flat.
The building had been converted into five flats including an apartment in the basement – despite being specifically prohibited by the council. Its investigation found a poorly positioned skylight into the rear yard of the basement flat used for natural light and ventilation, along with electrical defects throughout the building.
Ipswich Labour councillor Alasdair Ross (pictured), portfolio holder for community protection, says: “Ipswich Borough Council expects all private landlords to meet their legal obligations for any Houses in Multiple Occupation that they rent out.
“We will enforce the law against the few who try and avoid the law and we will work to ensure private tenants live in safe and well-managed accommodation.”
Pic Credit: Archant Media
©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Repeat rogue landlord fined £17,000 just months after £50,000 penalty | LandlordZONE.
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HMRC Closes Family Investment Company Investigation Unit
Smart Company structures have been all the rage for savvy property entrepreneurs.
In 2019, HMRC launched its task force to investigate any wrongdoing concerning these structures, but now it’s been announced in the Financial Times that the HMRC has disbanded their unit.
The post HMRC Closes Family Investment Company Investigation Unit appeared first on Property118.
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BREAKING: Landlords waiting 60 weeks on average to gain possession of properties
Evictions by landlords have begun to ramp up now that almost all the court and bailiff restrictions have been lifted, latest official figures show, but landlords are still having to wait 60 weeks on average to gain possession.
This is an increase from 19.6 weeks during the same period before the pandemic.
The Ministry of Justice (MoJ) says that between April and June this year, possession claims jumped from 3,023 to 7,000 year-on-year (2020 vs 2021); orders from 656 to 5431; warrants from 274 to 3,709 and repossessions from zero to 1516.
But, when compared to the same quarter in 2019, these actions have decreased by 74%, 75%, 73% and 80% respectively.
Eviction restriction
This latest data reveals how the delays and complications of evicting tenants unless they have been in serious rent arrears – has been preventing the surge in evictions that had been predicted by some commentators.
But campaign group Generation Rent says many tenants are still facing eviction.
“There are thousands more who have lost work and got behind on their rent during the pandemic, and will find it difficult to repay that, even if their income recovers,” says Director Alicia Kennedy (pictured).
“It is almost impossible to move to a new home if you’re relying on benefits, so these renters face huge uncertainty in the months ahead while they wait to be told when the bailiffs will arrive.
“Only a Covid Rent Debt Fund to clear these rent arrears will help renters back to their feet and remove the threat of homelessness from thousands of families. The government must act urgently to relieve this hardship.”
©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – BREAKING: Landlords waiting 60 weeks on average to gain possession of properties | LandlordZONE.
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BREAKING: Landlords waiting 60 months on average to gain possession of properties
Evictions by landlords have begun to ramp up now that almost all the court and bailiff restrictions have been lifted, latest official figures show, but landlords are still having to wait 60 weeks on average to gain possession.
This is an increase from 19.6 weeks during the same period before the pandemic.
The Ministry of Justice (MoJ) says that between April and June this year, possession claims jumped from 3,023 to 7,000; orders from 656 to 5431; warrants from 274 to 3,709 and repossessions from zero to 1516.
But, when compared to the same quarter in 2019, these actions have decreased by 74%, 75%, 73% and 80% respectively.
Eviction restriction
This latest data reveals how the delays and complications of evicting tenants unless they have been in serious rent arrears – has been preventing the surge in evictions that had been predicted by some commentators.
But campaign group Generation Rent says many tenants are still facing eviction.
“There are thousands more who have lost work and got behind on their rent during the pandemic, and will find it difficult to repay that, even if their income recovers,” says Director Alicia Kennedy (pictured).
“It is almost impossible to move to a new home if you’re relying on benefits, so these renters face huge uncertainty in the months ahead while they wait to be told when the bailiffs will arrive.
“Only a Covid Rent Debt Fund to clear these rent arrears will help renters back to their feet and remove the threat of homelessness from thousands of families. The government must act urgently to relieve this hardship.”
©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – BREAKING: Landlords waiting 60 months on average to gain possession of properties | LandlordZONE.
View Full Article: BREAKING: Landlords waiting 60 months on average to gain possession of properties
Sleuthing landlord exposes cannabis farm at property, tenant jailed
A suspicious landlady who played detective has managed to rumble a cannabis farm at her rental property as growing of the drug in rental properties continues to boom.
After she heard someone in a pub say tenant Luke Nixon wasn’t living at the address, the landlady checked his Facebook profile and found there were no obvious pictures of him at the house in Franklin Road (pictured) in the Jacksdale area of Nottingham.
Whenever she drove past, the blinds were drawn and rubbish bins were always in the same position.
Nixon, of Market Place in Ilkeston, posted on Facebook that he was on holiday in Egypt, so she took the chance to inspect the property and found the lights were on and the front door lock had been changed.
A locksmith attended and she discovered cannabis growing inside; two bedroom doors had been removed and replaced with plastic sheets with zips while the loft had a purpose-built area acting as a nursery to plants.
Estimated yield
There were four plastic tubs of cannabis in the lounge with an estimated value of between £320 and £590. Police recovered 77 plants, with an estimated yield of between 2.1 kilos and 6.4 kilos, and a value of between £12,320 and £48,510.
Nottingham Crown Court jailed the 33-year-old for two years and three months after he admitted producing cannabis between September 2019 and February 2020.
The court heard that Nixon’s phone showed he was frequently going to a hydroponic shop in Giltbrook called Gro-zone. However, when he found out what had happened he told the landlady there was no reason to call police and that he could sort out the damage at the property.
He told the court he had been approached by a third party to establish a cannabis grow and to establish a tenancy where it would take place. He did not physically assist setting it up but received money from maintaining the grow.
Read more about cannabis farms.
©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Sleuthing landlord exposes cannabis farm at property, tenant jailed | LandlordZONE.
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DWP – overpayment of a deduction?
Despite letting UC know (though the official form) that the tenant has now paid back in full her rent arrears, I have since been paid directly another deducted payment. I am assuming that at some point DWP will realise this and ask for it back as it classes as an overpayment
The post DWP – overpayment of a deduction? appeared first on Property118.
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Class G Vs Class MA Prior Approval What are the Differences in Permitted Development?
Linda Wright gives an excellent explanation comparing and contrasting class G v class MA These 2 NEW prior approvals for converting use class E-commercial space to residential C3 uses. Did you know there are over a dozen differences between the two
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Stamp Duty – First Time Buyer – Company Buy to Let?
Hi everyone, I have a question and would appreciate some help on this.
I have never owned a property before, and I am looking to purchase a Buy to Let property under a limited company.
When it comes to buying my own house
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Commercial property offers three times greater yield than residential, says research
Commercial investments produce an average yield of 10.7% while residential properties offer just 3.7%, new research has claimed.
Scotland is home to the highest commercial yield at 20.4%, along with the South West (13.7%), while Scotland is also where investors can find the highest residential yields – along with the North West – at 4.4% and 4.3% respectively, according to agent Benham and Reeves.
But when it comes to the initial cost of investing, the average residential property needs a £259,850 budget, but with an average value of £454,384, a commercial investment needs a budget that’s 75% larger.
Benham and Reeves says that it is also easier to find residential stock as the market offers far greater choice, with 541,966 listings compared to just 12,022 across the commercial space.
London and the South East rank highest for residential stock availability, accounting for 19% of all listings, followed by the East of England (12%).
SW and NW
Those eyeing a commercial investment are better placed investing in the South West and North West where there’s greater stock at 12.9% and 12% respectively.
Benham and Reeves director Marc von Grundherr says both the residential and commercial markets have been impacted by the pandemic which means that it’s hard for investors to know where to put their money.
He believes the best approach is a balanced portfolio.
Von Grundherr (pictured) adds: “While a commercial investment may offer a higher yield, the recovery timeline as a result of the pandemic is set to stretch on far longer than that of the residential rental market and residential property investment remains by far the dominant force where availability, affordability and total sector value is concerned.
But commercial investment can provide a more hands-off approach for those doing so through a third-party platform, while the amateur buy-to-let landlord is sure to spend more time sorting out tenant issues.”
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