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

[hummusexual]

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!

This was a paperwork issue. Sounds like he landlord was operating in the spirit of the law. I’m sure he has learned his lesson from this though; it’s always ALWAYS better to do the bare legal minimum. Even if that makes the tenants uncomfortable.

It’s always better? Always better to do the bare legal minimum. Don’t really know where to start with that.

It was right that the LL be sued especially if it was the second offence and knew he was supposed to have a licence.

The money should have gone to the council which occurred the costs of investigation. The tenants had no loss as a result, so why should they get to have their rent back!

So sad that they'd be proud of themselves, but that the entitlement society we are becoming sadly. They will make others jealous and disappointed that their LL has a license, it is so much worth to get 8 months rent free.

Good, and good that they’re publicising it. Hope it makes more people sue their shit LLs, hope the courts can barely handle the sheer number of bloated ticks having the blood money squeezed back out of them.

We're in the process of setting up a HMO and I fully support this result. The licensing system is there to protect tenants and to make sure the landlords are not only fit and proper people to be landlords but that they are providing ongoing safe legal accommodation. In my opinion more landlords should be prosecuted for failing to be licenced correctly. If it drives up standards and makes homes safer for tenants, that has to be a good thing surely? The return of a years rent is a harsh punishment, but it sends a strong message to other landlords and potential landlords.

If he was operating within the spirit of the law then I feel sorry for him.

What's 'the spirit of the law'? Just say legally.

@Rottencooking

Don't be daft! Surely you can understand the difference between something that is deliberately not how the law intended and somebody who has forgotten to fill in a piece of paperwork and so is technical illegal but still operating to the same standards as laid out in the law.

What's 'the spirit of the law'?

The spirit of the law means the intent and purpose of a law, rather than it's written form.

HMO licences are not some meaningless piece of admin- the point is that LL should provide accommodation of an acceptable standard.

There is nothing in the article to indicate the LL was materially deficient; the right to claw back rent for any accomodation without a licence is an incentive for LL to comply and for renters to sue those who don't.

I strongly agree with the goal and even think the sledgehammer approach is necessary to create substantial market reform. That doesn't mean the renter's in this article acted morally in taking so much money from a LL who had provided a good service, even though they acted legally.

Good on them. As a LL you need to know and follow the laws. Can’t be bothered than don’t be a landlord. Bloody hate hmos anyway always cause parking issues.

Cherrysoup
despite giving them comfortable accommodation

The man is a fucking saint giving them accommodation.

Except he didn't give them anything.

Good for them. The people criticising the tenants all sound ridiculous.

@donquixotedelamancha I tend to agree with you. I do feel sorry for the landlord in this case and judge the tenants in question but I can see why the law needs to draw a firm line in cases like this.

The tenant sounds very smart, reasonable and mature. Good for him and his housemates. Besides, it was the council who took the LL to court, for breaching their regulations. It’s not disputed that LL didn’t have a HMO license

All rented property should be fit for purpose, so him having ensured this isn’t merit worthy. He didn’t comply with the law and risked his tenants safety and potentially any insurance they had taken out on their property/life, so they were absolutely right to push for this prosecution.
How anyone can argue against this is ridiculous.

The LL's been a fool ... firstly to ignore the regs and safeguards which are there for a reason, but also to leave himself open to the kind of tenant who'll go looking for a nice payout over anything they can

@BottleOfJameson I'm not being daft. Yes, NOW that you have explained it I understand. Nobody is born knowing something and if they never come across it obviously they're not going to become aware until they do are they? No need to be condescending. I was under the impression that something is either legal or illegal, not illegal but 'because it was a form we'll let you off this time...'

Oh and given it was apparently his second time was it really in 'the spirit of the law'?

LL was an idiot not to have an HMO licence but this tenant sounds like a wanker:

"I’d be lying if I said the money wasn’t a motivating factor but we all share similar political beliefs and don’t think housing should be commodified”

Who wouldn’t want £15k back if they could get it? Seems churlish to question that tbh

" ... we all share similar political beliefs and don’t think housing should be commodified"

Ah yes, one of those

Thing is, the law was specifically changed a couple of years back to allow this kind of action. The tenants or the local authority can claim up to a years rent if the LL is not operating properly. LL might not like it, but I think it’s been done to ensure that there are harsher penalties for landlords who decide to completely ignore the law - whether its a decent property or not if it needs a licence it should have one. It’s quite clear.

The landlord should pay the fine . He sounds like he saw the chance to make a few pounds .
Good luck to him getting another property. When or if future landlords google him at least they know what kind of tenant he is.

the upshot is likely to be fewer LL HMO properties and rise in rental prices. Great work chaps

I doubt it. No compliant landlords are prosecuted every day. No big deal

The local authority in my case had written and spoken to the letting agents multiple times and advised them they needed a license but they chose to ignore this. They were eventually threatened with legal action and got a license. However when the local authority came to do an inspection to check the property they found a number of violations of the license, which even given a time frame to rectify did not get done.

The icing on the cake for me was after they moved a new tenant in who had all night parties, sold drugs and had knives for “protection” scattered around the flat ie behind the front door or on the bottom step. Followed by me being sexually assaulted in the communal kitchen by one of their “guests” and the letting agents sharing this information with the tenant when I explicitly stated I didn’t want it shared. I just wanted to move out as a matter of urgency.

Unfortunately we weren’t able to go to court because the new powers hadn’t come into effect at the time otherwise yes I would absolutely have taken it to court. financial loss would have been the only thing the letting agents would have taken any notice of (who subsequently appear to be very dodgy and have changed their names multiple times and director- it would appear just a different member becomes director with the name change and the former director becomes head of whatever)

Those saying “should have moved out” we were placed there as homeless with no rent in advance or deposit so it wasn’t as simple as that. They often rent to housing benefit claimants. Myself and one flatmate managed to get the money together to rent a 2 bed flat and we now flat share.