If the council are adamant they sent you a section 235 demand for documents, a section 239 powers of entry notice, an improvement notice, or some other notice – but you did not receive the notice, where do you stand?
Has the notice been properly served if you did not receive it?
Do you have a "reasonable excuse" defence for not actioning a notice you didn't get?
This may be a worry particularly for those members who spend significant amounts of time abroad.
Across the country, we see increasing numbers of councils introducing Selective Licencing applicable to all houses & flats in a designated area. Some councils are imposing licence fees of £900 or more even for the smallest flats, such as in Havering and in North Lincolnshire. These schemes, especially those with higher fees, can be extremely heavy-handed, impacting on tenants' rights as much as on landlords' competitiveness. Some schemes lack respect for sensitivities in multi-ethnic communities, and might readily be viewed as facilitating 'gentrification' or gerrymandering at the expense of the most vulnerable in society. None of the councils in our area have introduced Selective licencing yet, but it is probably only a matter of time.
..and how attempts to do this naturally increase PRS profits.
Do you have an unheated toilet in one of your houses? Beware as in some Licensing inspections, PCC are asking landlords to add some form of heating because of the 'excess cold hazard' in the smallest room. (This in a 2-storey, 5-bed HMOs that have the benefit of mains gas central heating, double glazing, and other energy efficiency attributes providing an above average EPC score)
The story of the negative impact of Portsmouth City Council's efforts to "improve" housing standards for a number of poor souls it might be assumed were already at the bottom of the heap in terms of both social support and housing...
In 2005, my wife Iva and I were renting a house which the landlord was also marketing for sale. When home alone one afternoon, Iva came out of the kitchen and was shocked to find 3 strangers standing in the middle of the lounge. The sales agent had been asked by prospective purchasers for a same-day viewing, he assumed no-one was home, did not call in advance, did not ring the doorbell, but simply entered our home without notice or consent. It was a shocking, traumatic experience for Iva and an unpleasant memory that still gives her the shudders all these years later. That experience informs the way we approach entry when it is needed to our tenanted properties, that is, with great care and consideration for our tenants' privacy and sensibilities.
Tuesday, Sept 5th, PCC Cabinet approved the proposed changes to Mandatory Licence Fee Structure and Licence Conditions to be effective December 1st. We share here the perspective of an existing mandatory licence holder, large HMO landlord, Simon Fletcher who is unhappy that PCC made zero changes as a result of the consultation and, in his view, have implemented a potentially illegal solution.
Removal of Section 21 & fixed term tenancies is widely perceived as having the most detrimental impact in the student HMO sector. Simon Fletcher shares his view on how it will impact the local marketplace.