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to think this is brilliant - tenants took their landlord to court and won £15k!

(70 Posts)
hummusexual Sat 20-Apr-19 15:39:30

Just a reminder to all landlords that if you run a HMO (rent to 5 or more people who share communal facilities and pay rent) that you need a licence!

www.bbc.co.uk/bbcthree/article/745ea8b2-2ef2-46ee-89ac-3e596b0efeb1

Well done chaps and chappesses!

Abbazed Sat 20-Apr-19 23:26:13

They had a clean well maintained property and they used him?!

Gentlemanwiththistledownhair Sat 20-Apr-19 23:30:13

abbazed They used him?!!! shock. The landlord should have been operating within the law!

Witchofzog Sat 20-Apr-19 23:30:33

So the rental was basically perfect yet they look the landlord to court for money? Am I missing something here?

HomeMadeMadness Sat 20-Apr-19 23:32:34

I don't have much sympathy for the landlord if he wasn't operating within the law.

Lifeover Sat 20-Apr-19 23:33:08

They were taking the piss! One housemate was too ashamed to join in the court case. They were so worried about the apparent safety issues they stayed on in their tenancy, that should have prevented any claim (the fine to the land lord should have stood)

Witchofzog Sat 20-Apr-19 23:34:59

Assuming the property was fire safe and insured that is

StoneofDestiny Sat 20-Apr-19 23:35:43

It wasn't the landlords first offence, so he left himself wide open to legal challenge.

donquixotedelamancha Sun 21-Apr-19 00:15:19

The place was spacious and comfortable. And, since moving in the previous August, there’d been no mould, no mice and – crucially – no one had returned after Christmas to find the landlord snoozing in their bed (a Boxing Day surprise they’d encountered during a previous tenancy).

A-year-and-a-half later, however, Ben and his housemates were celebrating after successfully taking their former landlord to court – and winning £15,000 of their rent back.

I’d be lying if I said the money wasn’t a motivating factor

As the housing officer explained to the group, this meant the council was pursuing legal action, although this wouldn’t affect their current tenancy (they ended up staying until their contract finished in July 2018).

They carried on living there while they were suing him. They decry poor landlords but make clear that this landlord was not like that. They say accomodation shouldn't be 'commodified' but kept renting with her.

The landlord should have been (and was) fined for not getting the correct licence, but they are utterly self serving leeches for claiming back cash they did not deserve.

Rottencooking Sun 21-Apr-19 00:16:55

The landlord should have been (and was) fined for not getting the correct licence, but they are utterly self serving leeches for claiming back cash they did not deserve.

Absolutely.

Gentlemanwiththistledownhair Sun 21-Apr-19 00:20:21

witchofzog I assume any insurance the LL might have had was invalid because the LL didn't have a HMO license.

There is far more to having a safe rental property than it not being a dump. hmm

And there is nothing in the link that states the other tenant was ashamed to join the court case. He might have left the country or decided that they didn't want to pay for legal representation on the chance they didn't win. Or even bowed down to threats if he didn't have anywhere else to go. All supposition as is life's dismissive statement.

SD1978 Sun 21-Apr-19 00:33:07

Landlord was in the wrong- he did t have the appropriate certificates and they saw an opportunity to make some cash and took it. Legally they had every right to, even if they seem to be being portrayed as a tad smug for doing so.

Cherrysoup Sun 21-Apr-19 00:36:50

Blimey, so not having the correct certificates, despite giving them comfortable accommodation which they chose to stay in meant they sued him? Fml, the law really is shit for ll.

Andromeida59 Sun 21-Apr-19 05:18:04

I'm a LL and agree completely with this ruling. Don't become a LL if you don't follow the law to the letter. He knew he needed a licence and chose to rent out despite not having one. It was a foolish mistake on the part of the LL.

Mememeplease Sun 21-Apr-19 05:32:15

I agree that the LL was in the wrong but it's taking the piss to sue them whilst still living there.

Stressedout10 Sun 21-Apr-19 05:45:10

Question if it was an illegal hmo did it have the correct fire doors and alarms etc. Also would they have been in breach of contract if they left early? The article doesn't appear to answer these questions so can't really say if they are cheeky fuckers or not.
Though I would say clean and dry (ie not a slum) doesn't necessarily mean safe

KioreWahine Sun 21-Apr-19 05:46:13

I'm a landlord. I completely agree with this ruling.

The law is the law for a reason. You don't get to just ignore the bits you don't like.

If one of them had died because they didn't have a gas check it doesn't help that the deco was nice.

We all know there are bandit landlords out there. This might make some of them more responsible.

sashh Sun 21-Apr-19 05:55:47

Blimey, so not having the correct certificates, despite giving them comfortable accommodation which they chose to stay in meant they sued him? Fml, the law really is shit for ll.

To get the certificate the landlord has to provide certain things like smoke alarms.
To me this is like a taxi driver without a driving licence. It is irrelevant that you got to your destination safely, you expect the driver to have a licence and if they don't you should get your money back.

Veterinari Sun 21-Apr-19 06:06:33

Blimey, so not having the correct certificates, despite giving them comfortable accommodation which they chose to stay in meant they sued him? Fml, the law really is shit for ll.

It’s not about being comfortable it’s about being safe!

Licensed properties must have strict fire safety and gas safety checks in place. Any landlord that skimps on these is a dick. He knew the law, by the chose to ignore it to make money.

Mummyoflittledragon Sun 21-Apr-19 06:11:52

sassh
In fairness we don’t know if the ll had all of the legal requirements in place bar the licence or if many things were wrong.

Yes the ll needed to be fined. But this article reads that these people have taken the ll to court for financial gain rather than to “teach her a lesson”, which is more distasteful. I think they should have had 50% of their rent returned as both are trying to profit.

sashh Sun 21-Apr-19 06:21:16

Mummy

I realise he may have had all the safety stuff and possibly more than the minimum required. That isn't the point.

But he didn't have the right licence, which like driving, means he didn't have the right insurance.

They have won the rent they paid. The landlord should not be able to keep the rent for somewhere let illegally.

TSSDNCOP Sun 21-Apr-19 06:24:51

Well LL won’t be making that mistake again.

And if any other LL read the story they’ll be sorting their license sharpish.

mathanxiety Sun 21-Apr-19 06:35:29

Let's hope that is the case TSSDNCOP.

Glad they went to court and glad they won. Too many LLs cash in on the housing shortage and not all of them run habitable accommodation.

Hopefully many other tenants who are living in poor and unregulated conditions will see this and contact solicitors.

Cheby Sun 21-Apr-19 06:43:25

I can not believe there is sympathy for the fucking landlord here!! He was operating an illegal HMO. He hadn’t demonstrated it was safe for his tenants. Are you all saying they should just be grateful for a lack of fucking mould and infestations? Fuck making sure the property is safe and complying with the actual law?

The law is not shit for landlords. The law is shit for tenants forced to deal with arseholes who put money above all other considerations. If you choose to profit from people’s basic need for housing then THE VERY LEAST you should do is comply with the law!

I think I might have peak mumsnetted. Jesus wept.

lastqueenofscotland Sun 21-Apr-19 06:47:39

I agree with this... you’ve needed a licence for HMOs forever. You can’t pick and choose which bits of the legislation you’re arsed about

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