Currently viewing the tag: "overturned"
NLA Want HMO License Fee Refunds For Landlords

NLA Want HMO License Fee Refunds For Landlords

HMO landlords Wrongly Charged Licensing Fees By Local Authorities

The National Landlords Association (NLA) has demanded that landlords affected by the outcomes from three specific judgments involving English local authorities and HMO landlords.

The NLA have written to all local authorities in England asking them to contact any affected HMO landlords, informing them of their right to the appropriate refunds and providing details of how they may make a claim, after recent court judgements clarified some issues surrounding the mandatory licensing of Houses in Multiple Occupation (HMOs) and how local authorities determine HMO licensing fees.

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Landlord Details Must Be Included In Prescribed Information

Landlord Details Must Be Included In Prescribed Information

All UK Landlord details should be correct
before being included in Prescribed Information

The information must be included, even when the rental property is fully managed by a managing agent, to avoid any possible legal problems with tenancy deposits.

Linda Howard, of Shoosmiths solicitors has warned that individual judges could make different interpretations on the wording of requirements after the news that a possession order was overturned because the legally required Prescribed Information gave the letting agent’s details instead of the landlords.

She said: “The Housing (Tenancy Deposits) (Prescribed Information) Order (2007) seems to make it clear, at 2, (g) (iii) that the name, address, telephone number and any email address or fax number of the landlord, not the agent, must be given.”

Ms Howard also pointed out that in another case in the county court, a duty solicitor raised exactly the point of an agent’s rather than the landlord’s details being given and the judge subsequently adjourned those proceedings because of seeming non-compliance with the Prescribed Information Order. However, the case went through on the second hearing because the landlord argued that Rules of Agency applied.

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