To take my landlord to a property tribunal for not obtaining a licence to let ;)

[Tryingtokeepgoing]

Hypothetically speaking, if one was a tenant whose landlord had not obtained a licence to let the property one was renting at a cost of £3,200 a month, would it be unreasonable to take them to a property tribunal, where one could be entitled to all my rent back? That's £41k - enough for a small deposit on a property in the same area

Would the fact that the landlord was someone who was very keen that those with the broadest shoulders paid their fair share make one more or less keen to pursue the claim?

And if one was a property lawyer affected by the potential increase in NI for partners in professional services firms being floated by said landlord, would one be more or less likely to help a friend in that position? 😏

In theory yes providing you make your claim within 12 months of the offence being committed. However until the new legislation actually comes into force your LL could issue a S21 and kick you out.

I don’t think you’ve read the news recently @Friendlygingercat…

It's OK their boss fully supports them in their actions.

Does he definitely need one. Not all properties need a licence depending on area.

Dulwich is an area that does require a licence, according to the headlines in almost all of the papers ;

*She and yes, she needed one.

and she knew she needed one

@Tryingtokeepgoing

You raise a most interesting dilemma!

Although the LL/RR was "not aware a licence was needed"

They may very well be liable, ignorance is not a defence in law "ignorantia juris non excusat".

They may be fortunate however and have powerful pals, you know the "one rule for us" sorta defence.

As someone who is a reluctant landlord in the same area, I have applied but not received mine yet so your landlord might be in the same boat.

As it looks like the council wouldn't be bothered to hold your LL to account, I actually think you have a moral duty as a citizen to do this.

The establishment won't hold them to account, so you should.

It's not about the money, but someone has to do the right thing...

The lettings agent has fallen on their sword, so I don't fancy your chances unfortunately

I would expect the responsibility for having a license to remain with the landlord. So this does not change anything.

Best get a move on. By next summer your LL will be looking to evict you as they will need their house back.

It’s an absolute offence, from a proper tribunal perspective, so that’s not an issue :)

🤣

Out of interest, what does the licence actually entail? Anyone know? Does someone from the council come and make sure there’s no black mould, and that the electrics are safe, etc.,?

Or is it just an income stream for the council?

This is actually not as reassuring as one might assume!

All the smiley faces and winking are daft. Why don't you just pose you query about reeves tenants more directly?

It's called humour. Some people enjoy it.

As long as the application has been made and the first part of the fee paid the landlord is covered until the council decide to approve or deny the application.
An application in this case was not made. It’s actually very unusual for it to be made by the letting agent as it is quite an involved submission requiring details the letting agent would not normally have.
Given that it also costs 1k it’s also surprising that the people in question didn’t chase this up, presumably knowing they had not paid the 1k even if they genuinely believed the letting agent had done this on their behalf.

That is true. She will be liable for the fine if one is issued. But she will have a cast iron case against the managing agent for any financial loss she suffers as a result of their failure. They have admitted they were negligent and would probably settle out of court.

The fine and the tribunal award are separate things. The fine requires the council to prosecute, and I don’t suppose they will for a first offence.. But she’d be well advised to settle before the tenant starts the process from a. Tribunal perspective as she has no defence, only possible mitigating circumstances. . The cynic in me thinks that the agent is being paid to be the fall guy… ;)

Apologies if a little fun is not allowed. I didn’t realise you were the board police :)

Knowing the area I don’t think it’s anything to do with safety of the property and everything to do with vetting the tenants so they don’t inadvertently let poor people in 😬🙄

Oh just resign as you are learly fiscally incompetent.