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Masthead Housing - Regulation

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Banning orders – how do they work?

Christi Scarborough looks at new powers available from 6 April 2018, and the circumstances under which private landlords or letting and management agents might end up subject to an order.

News headlines

Jul 02, 2018

Regulator of Social Housing names six law firms to £1m panel

The Regulator of Social Housing has appointed six law firms to a legal services framework worth an estimated £1m.
Jun 28, 2018

Prosecution by city council sees landlord ordered to pay £400k for safety failures

A prosecution brought by City of Lincoln Council has seen a landlord in Lincoln fined £400,000 for failing to comply with fire, health and safety standards in two of his properties.
Jun 26, 2018

Guidance published for housing authorities on extended mandatory HMO licensing

The Government has published new guidance for local housing authorities on extending mandatory licensing of houses in multiple occupation (HMOs).
May 08, 2018

Security guard did not have authority to accept informations: Admin Court

A sub-contracted court security officer at a magistrates’ court was not a court officer with implied authority to accept informations that a borough council was endeavouring to serve, the Administrative Court has ruled.
Apr 25, 2018

Select committee calls for councils to have wider housing enforcement powers

MPs have backed wider and more widely used housing enforcement powers for councils and further protections for tenants from retaliatory eviction, rent increases and harassment.

Features and analysis

Selective licensing and conditions

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Jonathan Manning analyses an important Court of Appeal ruling on selective licensing and the power of local authorities to impose conditions.

Selective licensing and company directors

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Alice Richardson examines a case where the director of a property management company fined for a failure to license a property, was prosecuted personally.

Direct action: natural justice

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James Goudie QC examines a recent Planning Court challenge to a council's decision to take direct action under s.178(1) TCPA in order to demolish the claimants' dwelling house.

Enforcement and certificates of lawfulness

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Phillip Hopkins examines some conundrums created by the Town and Country Planning Act 1990 in relation to planning applications, enforcement notices and certificates of lawfulness of existing use or development.

Older articles

Mar 06, 2018

High Court rules on whether children are ‘residents’ for HMO rules

Children aged under 18 are ‘residents’ for the purpose of calculating how many people live in a house in multiple occupation, the High Court has ruled.
Mar 01, 2018

Government consults on single ombudsman for entire housing market

The government has launched a consultation on whether to introduce a single housing ombudsman to cover the whole of the housing market.
Feb 02, 2018

Council claims legal first in use of POCA for safety and amenity regulation offences

The London Borough of Brent said this week that it has become the first council in the country to use the Proceeds of Crime Act 2002 (POCA) against landlords for criminal offences linked to safety and amenity regulations. His Honour Recorder Rubin…
Jan 30, 2018

Borough council secures £70,000 fine for HMO offences

Luton Borough Council has secured its largest ever fine - £70,000 – for breaches of the law regarding houses in multiple occupation (HMO).
Jan 19, 2018

Selective licensing and company directors

Alice Richardson examines a case where the director of a property management company fined for a failure to license a property, was prosecuted personally.
Jan 02, 2018

Rules on properties requiring HMO licence to be strengthened from April

Landlords renting properties in England occupied by five or more people, from two or more separate households, will need to hold a house of multiple occupation (HMO) licence from April 2018, Housing Minister Alok Sharma has announced.
Dec 13, 2017

Estate agents fined £35k over failure to provide safety information on HMO

Estate agent Foxtons has been fined £35,000 following action against it by the London Borough of Tower Hamlets.
Dec 04, 2017

DCLG in call for evidence on local authority licensing of park homes

The Department for Communities and Local Government has launched a call for evidence on how effective local authority licensing of park homes has been.
Oct 27, 2017

Direct action: natural justice

James Goudie QC examines a recent Planning Court challenge to a council's decision to take direct action under s.178(1) TCPA in order to demolish the claimants' dwelling house.
Oct 24, 2017

CLG Committee to review local authority powers to tackle rogue landlords

The Communities and Local Government Committee has launched a probe into whether councils have tough enough powers to tackle rogue landlords.
Oct 23, 2017

Council defeats appeal over HMOs, business premises and number of storeys

A business premises situated below a house in multiple occupation (HMO) will count towards the number of qualifying storeys, a High Court judge has ruled.
Oct 13, 2017

Enforcement and certificates of lawfulness

Phillip Hopkins examines some conundrums created by the Town and Country Planning Act 1990 in relation to planning applications, enforcement notices and certificates of lawfulness of existing use or development.
Oct 11, 2017

Housing watchdog to set up £1m panel for regulatory legal services

The Homes and Communities Agency has announced plans for a £1m framework agreement for the provision of regulatory advice.
Oct 11, 2017

City council takes Houses in Multiple Occupation case to Supreme Court

The Supreme Court has granted Nottingham City Council permission to appeal after the Court of Appeal rejected the authority’s challenge to terms in Houses in Multiple Occupation (HMO) licences restricting the occupation of bedrooms to a particular…
Oct 05, 2017

Fining property manager £5k “completely disproportionate”: tribunal judge

A council’s imposition of a £5,000 fine on a property management business for failing to be a member of a redress scheme for three weeks was “unreasonable in the circumstances and completely disproportionate”, a tribunal judge has said.
Aug 18, 2017

Lettings agency to pay £20k-plus after prosecution over sham licences

A lettings agency has been ordered to pay more than £20,000 in fines, compensation and costs after issuing ‘sham licences’ to renters and using a letting agency association logo when it was not a member, in what is thought to be the first…
Aug 17, 2017

Unlawful sub-letting and the abuse of social housing

A High Court judge has overturned a suspended possession order and given unprecedented guidance on unlawful profits orders. Dean Underwood and Liam Wells explain the ruling.
Jul 12, 2017

Landlord who delegated to husband loses appeal in enforcement notice case

A landlord has failed in an appeal against a claim by the London Borough of Newham that she ignored enforcement notices related to her property, having argued that she had delegated all responsibility for the property concerned to her husband.
Jul 11, 2017

Law Society fear over lower regulatory enforcement threshold for Welsh RSLs

A Welsh Government proposal to lower the threshold for regulatory enforcement from misconduct and mismanagement to breach of any statutory duty could expose registered social landlords (RSLs) in Wales to disproportionate enforcement actions, the Law…
Jun 19, 2017

Landlords ordered to pay £3k in costs after unreasonable behaviour in appeal

The London Borough of Islington has secured a £3,000-plus costs order in its favour after a judge found that landlords had “behaved unreasonably in bringing an appeal which they never intended to pursue properly and never did pursue properly”.

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