Can you not evict if your Liverpool Landlord License has not yet been granted?

by Readers Question

8:38 AM, 22nd November 2016
About 2 years ago

Can you not evict if your Liverpool Landlord License has not yet been granted?

Make Text Bigger
Can you not evict if your Liverpool Landlord License has not yet been granted?

I am looking for information regarding a tenant who i may shortly be evicting. I have been informed that issuing a section 21 will be invalid as I still haven’t obtained a license for the property as it is in the Liverpool area. jobs worth

I have registered all my properties with Liverpool City council for a License but i have not received the License through yet like a lot of Landlords as the council are back logged with work. I have been informed by the letting agents that currently manages the property that if I still haven’t got a License for the property (which is no fault of my own) then a section 21 would be invalid and can’t be issued without a license ?

Could I please have more information on this. Surly any Judge would see that if I have applied for the license and it isn’t my fault that I shouldn’t be penalised for this !

Many thanks

Stephen



Comments

Neil Patterson

8:40 AM, 22nd November 2016
About 2 years ago

Hi Stephen,

This sounds like nonsense to me, but I will ask Larry Sweeny to comment.

Larry Sweeney

9:19 AM, 22nd November 2016
About 2 years ago

Stephen,
You have no cause for concern. .The housing act 2004 is clear.
Provided you have made a valid application for a licence, then you may proceed with the issue of a section 21. The offence of not having a licence and preclusion from issuing section 21 applies where the Landlord has no licence or has not made a valid application for said Licence.
Please bear in mind the other pre requisites for obtaining the order Tenancy deposits etc. Please also remember that the 2015 deregulation act precludes the issuing of a sect 21 within the first four months of the tenancy.

Gary Dully

10:45 AM, 22nd November 2016
About 2 years ago

Reply to the comment left by "Larry Sweeney" at "22/11/2016 - 09:19":

Larry,
Does the same circumstances apply, when using the section 8 route on grounds 8,10 and 11?
As the council have let it be known to tenants that they can impose rent repayment orders for not having a license.
So technically the tenants don't owe rent.

I have a court case in December.

Luke P

13:42 PM, 22nd November 2016
About 2 years ago

Just as an extension to Larry's comment re the Deregulation Act...the Courts are now automatically asking for a copy of (or rather proof that you issued) the EPC, gas safety certificate and How to Rent guide. If you cannot prove this, your application will not proceed.

Whilst many landlords will have issued this paperwork, not all have a signed 'receipt' to acknowledge service.

Larry Sweeney

19:48 PM, 22nd November 2016
About 2 years ago

Hi Garry,
The Housing act only refers to section 21, and the bar on the issuing of a section 21 if no Licence has been applied for. There is no mention of a section 8 which applies to rent arrears so proceed with your section8 eviction.
other Landlords as previously advised, and as per Lukes advice should take note of the pre requisites required for the issue of a section 21. In essence the hurdles placed before us are quite ridiculous , however failure to adhere to the requirements will result in a failed application with wasted costs.With respect to rent repayment orders, these only apply where a conviction has been secured against the landlord in the magistrates court.

The Property Man

22:36 PM, 22nd November 2016
About 2 years ago

Thank you all for your comments and much needed information, Thank you also Larry.

Michael Barnes

23:09 PM, 23rd November 2016
About 2 years ago

Reply to the comment left by "Larry Sweeney" at "22/11/2016 - 09:19":

I hope you made a typo and meant "The offence of not having a licence and preclusion from issuing section 21 applies where the Landlord has no licence AND has not made a valid application for said Licence."

Larry Sweeney

11:34 AM, 25th November 2016
About 2 years ago

Thank You Michael,
Yes that was a typo.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

44% of landlords fear Right to Rent

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More