Landlord fined £36,000 by court after fire reveals his property wasn’t licenced

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A landlord in the North West has been handed a £36,000 fine after a fire at his property revealed it had not been licenced.

The local council, Sefton, was alerted to his lack of licence after a fire in December 2022 gutted the  property (pictured).

Council investigators discovered that the house did not feature smoke alarms and that the landlord, who has not been named, had failed repeatedly to obtain a licence between 2018 and the date of the fire.

Sefton has for several years operated both a selective licencing scheme and an additional licencing scheme for HMOs, and a new selective scheme started in March this year – with landlords given until the end of this month to comply or face fines.

During sentencing, the magistrates said a reckless failure to apply for licensing over several years made the landlord ‘highly culpable’.

Smoke detectors

They also said that if the property had been licensed, there was a greater chance that safety issues such as a complete lack of smoke detectors would have been dealt with.

Councillor Trish Hardy (pictured), Sefton Council’s Cabinet Member for Communities and Housing says: “This is a positive result for the council and acts as a reminder to landlords that failing to obtain a licence under our Selective and Additional (HMO) Licensing schemes can be very costly.

“Specific areas of the Borough are covered by our Selective Licensing Scheme and two Additional (HMO) Licensing Schemes, and any landlords affected need to apply for licence by the end of August, or face enforcement by court action or a Civil Penalty fine.

“In most cases, we can work with landlords to resolve the situations informally, but as this recent case has shown, the Licensing schemes do give us additional powers for formal enforcement action, which we are fully prepared to use.” 

Read more about licencing.

View Full Article: Landlord fined £36,000 by court after fire reveals his property wasn’t licenced

Landlords tell court about ‘terrifying’ flame thrower attack by tenant at flat

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A court has heard the terrifying story of a tenant who attacked his landlords with a home-made flame thrower within his shared apartment.

Landlords Waldemar and Justyna Fijakowski were cleaning the common areas of the property in Warrington in March when 31-year-old tenant Piergiuliano Atzori (main picture, inset) started shouting Justyna’s name from his room.

After Mrs Fijakowski then walked to his door to investigate, Atzori fired a makeshift flame thrower at her, with the blaze passing within inches of her face.

She ran out of the house and called the police while her husband, on hearing the commotion, also investigated and was fired upon.

Flames

Mr Fijakowski then hid behind the kitchen door and, when he opened it to see if Atzori had retreated, a plume of flame ripped between the door and the frame.

ITV News reports that Mr Fijakowski then began wrestling with the tenant  punching him several times to the face, taking him to the floor and restraining him with the help of another occupant.

When officers from Cheshire police arrived and Atzori was arrested he was also found to have a Stanley knife in his possession.

The court heard that in previous days Atzori had sent dozens of abusive messages to Mrs Fijakowski.

Weapon

He had previously admitted two counts of making threats with an offensive weapon and harassment, although Mrs

Fijakowski told the court in a prepared statement that she remained fearful of him and that “he knew where they lived”.

Atzori, who was described as having mental health problems and a previous conviction for a public order offence in 2019, was jailed for two years and given a restraining order preventing him from contacting Mr and Mrs Fijakowski for 10 years.

Read more about attacks on landlords. 

Pics credit: Google Streetview/Mersey Police.

View Full Article: Landlords tell court about ‘terrifying’ flame thrower attack by tenant at flat

Landlord prosecuted for second time after failing to disclose maintenance costs

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A landlord has been prosecuted for a second time for failing to provide one of his leasehold tenants with the correct paperwork.

48-year-old Gunes Ata (inset, main picture) who operates several apartment blocks within Sheffield, was ordered by a court to pay £1,982 made up of £862 costs to the Council, a fine of £800 and a £320 court surcharge after failing to provide certified information to a tenant about service charges for a property within St Mary’s House, London Road in Sheffield.

In court his legal representative said this was due to a software error while the council said it expects landlords to act with professionalism and good management practice to comply with their obligations and Mr Ata’s management practice was deemed to have “fallen short of the standard required in law and those of a reasonable landlord”.

The Council’s prosecution told the court that the Council had written to Mr Ata three times, but he had failed to supply certified information.

Second prosecution

It is the second time Mr Ata has been prosecuted for failing to provide information to tenants in less than a year.

He was prosecuted in 2022 for failing to provide information about the insurance of the building he owns at Printworks, Hodgson Street, Sheffield.

The council says the number of people living within leasehold flats within the city has increased significantly in recent years, and that access to transparent information about service charges was essential for those seeking to challenge these costs when unreasonable.

It is a criminal offence for landlords not to provide information about service charges and insurance when it is properly requested, and the local authority has powers to prosecute these kinds of offences. 

Councillor Douglas Johnson (pictured), Chair of Housing Policy Committee at Sheffield City Council, adds: “This is another example of the City Council using the law to bring about a successful court prosecution and, on this occasion, someone who has been prosecuted before. It is our duty to protect tenants from landlords who do not abide by the law.”

View Full Article: Landlord prosecuted for second time after failing to disclose maintenance costs

Warwick to charge landlords £1,116 as it prepares to double size off HMO licencing

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Warwick is the latest local authority planning to more than double the size of its HMO licencing scheme, starting in January 2024. This follows a public consultation earlier this year.

Its full cabinet is to meet on Wednesday (9^th August) to approve the scheme after reviewing the results of its survey.

The new scheme will see its existing HMO additional licencing scheme continued and expanded to include smaller HMOs comprising three and four persons as well as tenants living in purpose-built blocks of flats including student accommodation.

Under the current regulations only HMOs with five or more persons living as two or more households are subject to mandatory licensing.

There are roughly 600 HMOs already licensed under ‘mandatory licensing’ within Warwick and approximately 800 HMOs which would be required to obtain a license under the expected ‘additional licensing’ scheme.

A report to be considered by councillors says “a significant proportion of known non-licensable HMOs, are being managed sufficiently ineffectively as to give rise/or to be likely to give rise to issues including fire safety, poor housing conditions/hazards, noise nuisance and ineffective waste management.

“It can also be inferred from the data that unknown non-licensable HMOs are also generating similar types of
problems. Additional Licensing offers an opportunity to bring all HMOs within the district up to a minimum standard ensuring that those homes are well managed and maintained.”

Umbrella

Councillor Paul Wightman (pictured), Portfolio Holder for Housing, adds: “Including more homes under our umbrella would ensure that landlords of HMOs submit detailed information regarding themselves and their properties including important safety documents such as fire alarms, gas and electrical safety certificates.

“If approved, it will also mean that properties are thoroughly inspected by Council Officers before a licence is issued to ensure they meet minimum standards with conditions requiring the landlord to maintain and manage the property effectively.

“This measure can only increase the level of assurance that can be provided to residents who live in these properties and will undoubtedly help to keep people safe.”

If the Cabinet agrees to proceed with the additional scheme, further approval will be required by the borough’s Full Council in the autumn to agree the licence fees. These will range from a discounted rate of £800 for a smaller HMO to £1,116 full-fee for a larger one.

If these are approved, it will then become a legal requirement to obtain a licence in order to operate any HMO in Warwick District from January 2024.

Read more about HMO licencing across the UK.

View Full Article: Warwick to charge landlords £1,116 as it prepares to double size off HMO licencing

Is another interest rate rise really bad for landlords?

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With interest rates on the rise, landlords may face some challenges, particularly those without fixed mortgages. However, amidst the potential uncertainties, there are also opportunities that can be harnessed within the Private Rented Sector (PRS).

One immediate benefit is the increased demand for rental properties.

View Full Article: Is another interest rate rise really bad for landlords?

Heat pumps – a load of hot air?

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We’ve all been hearing about the government’s green plan for the private rented sector. But are the plans actually as ‘green’ as they make out to be?

The government believe heat pumps could be the answer to help tackle the energy-efficiency problem in PRS homes.

View Full Article: Heat pumps – a load of hot air?

‘Base rate rise will put landlords and tenants under even more financial strain’

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Landlords have warned the Bank of England that its decision to raise the base rate by a quarter of a percent to 5.25% will only put more pressure on to renters and buy-to-let investors.

Ben Beadle, the chief executive of the National Residential Landlords Association, says: “The Bank of England has warned that the average increase in monthly repayments on buy-to-let mortgages by the end of 2025 will be around £275.

“This comes as some landlords have already seen their mortgage payments increase by almost 240% since December 2021.

“With landlord profits at their lowest level for 16 years, the vast majority are doing all they can to protect tenants from the impact of growing mortgage rates.

“However, without government action, renters face a bleak future as growing costs lead to a loss of more rental homes from the market. 

Properties lost

“Analysis for the NRLA has found that 735,000 rental properties could be lost across the UK if interest rates peaked at 5%. With an average of 20 requests to view each available home to rent already, today’s announcement will only worsen matters.

“The Government must urgently scrap tax changes which have dampened the supply of much-needed private rented accommodation.

“Likewise, it is also crucial that housing benefit rates are unfrozen so that vulnerable tenants receive assistance during this challenging period for the market.”

Beadle’s warning follows data from property firm CBRE today that claims that one in ten rental properties could be lost from the PRS by the end of the year as Government and economic headwinds continue to reduce landlord confidence.

View Full Article: ‘Base rate rise will put landlords and tenants under even more financial strain’

Interest rates highest since April 2008 – property sector reacts

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The Bank of England has implemented its 14th consecutive interest rate hike to address surging prices.

The UK’s interest rate now stands at 5.25%, up by 0.25% from the previous 5%.

The move marks the first time since April 2008 that the base rate has reached this level.

View Full Article: Interest rates highest since April 2008 – property sector reacts

More landlords selling up gives HMRC bumper CGT tax revenue, reveals expert

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Official figures out today revealing a huge increase in capital gains tax paid on residential property sales can be explained by more landlords than usual selling rental homes, it has been claimed.

Wealth management company Quilter says the HMRC figures, which reveal a 15% jump in both capital gains tax paid on property value gains and a 20% increase in the number of taxpayers becoming liable for the tax.

Some 139,000 taxpayers reporting 151,000 disposals of residential property in the 2022/23 tax year amassing a total liability of £1.8 billion, which is much larger than in the 2020/21 tax year.

Quilter says this this data strongly suggests that there is an ongoing exodus of landlords from the property market as the tightening of tax laws on buy-to-lets make them a less attractive investment.

“Coupled with this the continuing high property values but simultaneous threat of a property price crash is seemingly making more landlords opt to sell up,” says Rachael Griffin (main picture), tax and financial planning expert at Quilter.

“How this ultimately impacts the market for all prospective buyers and renters is yet to be seen.

“Currently house prices are slipping slowly but rent remains sky high as renters compete for a dwindling stock of rental properties.”

capital gains

Quilter’s interpretation of the figures is likely to be right – CGT is only payable on second/holiday homes and BTL properties and not paid on ‘primary home’ capital gains..

Griffins says the tax take from CGT is likely to increase given the changes to the Annual Exemption Allowance (AEA) for capital gains tax.

“From £12,300 in the 2022/23 tax year, the AEA reduced dramatically to £6,000 in April 2023 and will further drop to £3,000 from April 2024,” she adds.

“This reduction could significantly boost the CGT take in future years, as taxpayers will have a lower threshold before becoming liable for CGT.”

Read the official stats in full.

View Full Article: More landlords selling up gives HMRC bumper CGT tax revenue, reveals expert

Letting and estate agent complaints ‘remain high’

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The Property Ombudsman (TPO) dealt with 14,000 complaints from landlords and tenants last year about letting agents, it has been revealed.

There were also 1,500 complaints from tenants about a landlord with no agent involved.

And the TPO dealt with more than 3,000 complaints from leaseholders about their managing agent.

View Full Article: Letting and estate agent complaints ‘remain high’