Residential Landlords Association (RLA)
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First banning order issued against a landlord

The first ever banning order against a landlord has been issued in England.

The banning order-imposed by Telford & Wrekin Council, means that the landlord in question is barred from letting out a house-or being involved in any aspect of property management for the next five years.

Telford and Wrekin Council applied for both a banning order and a rent repayment order against the landlord, after a successful prosecution over an unlicensed HMO.

A tribunal was told the landlord had previous convictions.

At a tribunal hearing which took place in August, the Property Chamber in Birmingham heard that the landlords was not a fit and proper person to hold a licence for a House of Multiple Occupation (HMO).

It was also found at the tribunal that the landlord had issued a licence instead of an assured shorthold tenancy in an attempt to mislead tenants as to their legal rights and security of tenure. The licences stated to tenants that they could be evicted in 48 hours or fewer.

As well as receiving the banning order, the landlord has also been ordered to pay back more than £1924 in housing benefit to Telford and Wrekin Council , for two of his former tenants from 2018, while the property was let out to five tenants but without a HMO licence.

According to Telford and Wrekin Council, the landlord has applied for leave to appeal the tribunal’s decision.

The tenants at the seven properties the landlord owns will be able to stay until the end of their tenancies, but they can not be replaced by other tenants once they leave the property.

What are banning orders?

Banning orders were introduced in England in 2018.

They are one of several enforcement methods local authorities can use to to enforce against criminal landlords. Other enforcement methods include civil penaltiesand rent repayment orders.

 

Channel website: https://www.nrla.org.uk?ref=wg

Original article link: https://news.rla.org.uk/first-banning-order-issued-against-a-landlord/

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