Court fines unlucky but rogue landlord £12,000 over unlicensed HMO

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A landlord in Buckinghamshire is the latest to receive a large fine for operating an unlicenced HMO.

Ahmad Kamal Younus, who owns a rental property on Ellsworth Road in High Wycombe, was recently found guilty of five offices Wycombe Magistrate Court by District Judge Sharma, including operating an unlicenced HMO and failing to ensure fire safety measures at the property.

Younus’ crimes would not have been discovered had it not been for a curious Environmental Health Officer who was visiting another property in the vicinity.

Although Younus, who operates through a limited company, initially tried to claim the detached suburban house (pictured) was his own family’s residence, investigations by the local council revealed six unrelated tenants living at the address.

It was in a poor condition including numerous fire safety hazards violations including a key turn lock (pictured, inset) on the final exit door at the rear of the property, contrary to Section 234(3) of the Housing Act 2004, which requires that this type of door can be opened from the inside without the use of a key.

Guilty

The landlord was taken to court over the illegal HMO and found guilty on all five charges, Judge Sharma concluding that he “must have known the house was an HMO”.

Younus was fined £5,000, ordered to pay costs of £6,878.96, and a victim surcharge of £190, totalling £12,068.96.

Mark Winn, Cabinet Member for Housing & Regulatory Services, said: “We are committed to ensuring that tenants live in safe and secure conditions. As part of this commitment, we will continue taking decisive action against landlords who put the welfare of tenants at risk by operating unsafe, unlicensed HMOs.”

The trial took place on 6 March 2023, at Wycombe Magistrate Court before District Judge Sharma. Mr Younus was found guilty on all charges, with the Judge concluding that he must have known the house was an HMO. The property was found to be in poor condition, with numerous fire safety violations.

Fine

Mr Younus was fined £5,000, ordered to pay costs of £6,878, and a victim surcharge of £190, totalling £12,068.

Mark Winn (pictured), Cabinet Member for Housing & Regulatory Services at Buckinghamshire Council, said: “We are committed to ensuring that tenants live in safe and secure conditions.

“As part of this commitment, we will continue taking decisive action against landlords who put the welfare of tenants at risk by operating unsafe, unlicensed HMOs.

“Landlords operating an HMO with five or more tenants must apply for a licence to ensure the safety and well-being of all residents.”

For more information on HMO licensing, visit the Buckinghamshire Council’s website.

View Full Article: Court fines unlucky but rogue landlord £12,000 over unlicensed HMO

Leasehold reform ‘will not be in King’s speech’ says former housing minister

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Former housing minister Lord Greenhalgh has expressed doubts that leasehold reforms will be included in the King’s Speech this autumn.

In an interview with Leasehold Knowledge, he said that despite being very complex legislation, the background work had been done.

“Even if you ran out of time and you weren’t able to get the Bill through Parliament, at least there’s something that can go through the pre-legislative scrutiny, so you get a better Bill at the end of it. I am just sceptical of getting it through both houses in time.”

However, he said the good news for leaseholders was that every major political party wanted it to happen. “It’s now become above party. Everyone is in favour of reform.”

Radical reforms

The government is preparing to bring in legislation which includes reforming the process of enfranchisement valuation used to calculate the cost of extending a lease or buying the freehold, ditching rules that prevent owners from buying the freehold to their property if a small part of the building is given over to commercial use, and allowing owners of leasehold houses to be able to extend their leaseholds by 990 years at a zero ground rent.

Speaking about rules limiting the number of landlords affected by the cladding scandal who face the full remediation bills for their block, Lord Greenhalgh admitted he would have liked to see the threshold set higher to protect smaller landlords and those with retirement properties.

“We were worrying about this when the Building Safety Act was passing through the Lords and there was a bit of ping pong around the number of properties, and we increased the number of properties from two to three,” he said.

“You always finish your time in government feeling that you’ve done as much as you can in the time that you had. And then you realize that there are areas that still remain unresolved.”

Read more about the Government’s leasehold reform.

Read the interview in full.

View Full Article: Leasehold reform ‘will not be in King’s speech’ says former housing minister

Minister slammed for ‘complacent’ and ‘appalling’ attitude to LHA freeze effects

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Landlords have slammed the Government for its ‘complacent’ attitude to the Local Housing Allowance (LHA) freeze and its effect on both tenants and landlords.

The comments by the NRLA follow an admission by Work and Pensions Minister, Mims Davies MP that he has made no estimate of the number of people unable to meet their housing costs due to the freeze.

This sets how much housing benefit some tenants receive towards paying their rent within the private rented sector but it has been frozen since 2019 and many of those in receipt of benefits now struggle to make up the difference.

As LandlordZONE reported last month, lender trade organisation UK Finance somewhat unusually blamed this ‘gap’ on a surge in the number of landlords in mortgage arrears.

Two million

Calling on the Government to unfreeze the LHA rate, its spokesperson said: “Approximately two million households rely on housing benefit to pay private rent, and re-coupling LHA rates with local rent levels will make more properties affordable to them”.

A recent analysis by the Institute for Fiscal Studies estimates that rented households in receipt of the LHA will receive an average of £50 a month less in benefit support than they would have got if rates had risen in line with rents.

Ben Beadle (pictured), Chief Executive of the National Residential Landlords Association, says: “The NRLA is appalled at the Government’s complacent attitude.

“Amidst a cost of living squeeze we need to do everything to support the sector and often vulnerable tenants in accessing the housing they need. “It beggars belief that ministers have frozen vital support for many renters with no idea how many will be unable to afford their housing as a result.

“The Government should unfreeze housing benefit rates as a matter of urgency.”

View Full Article: Minister slammed for ‘complacent’ and ‘appalling’ attitude to LHA freeze effects

When is a rogue landlord, not a rogue landlord?

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We often see the term ‘rogue landlord’ bandied about, but a story last week got me thinking: When is a rogue landlord, not a rogue landlord?’

It would appear that most people would think it was a term to describe a landlord who let a home without a roof

View Full Article: When is a rogue landlord, not a rogue landlord?

Landlords misusing section 21 notices is ‘overstated’

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Claims that landlords are misusing section 21 notices – the ‘no fault’ eviction process – are unfounded, one firm says.

Estate agents Leaders Romans Group (LRG) says it has carried out research and found that Section 21 is rarely overused

View Full Article: Landlords misusing section 21 notices is ‘overstated’