Council seizes properties from landlord

Merton Council is believed to be the first in the country to seize a landlord’s properties because – it claims – this will protect tenants.

The council says the landlord has repeatedly flouted housing regulations by not licensing them.

Under its selective licensing scheme, the council has the authority to address poor housing conditions and anti-social behaviour.

When residents complained about the properties in question, council officers inspected them and issued multiple notices to the landlord, who ignored them for months.

‘Committed to improving housing conditions’

Merton’s cabinet member for housing and sustainable development, Councillor Andrew Judge, said: “Everyone deserves to live in a safe and decent home and the council is committed to improving housing conditions in the private rented sector.

“While many landlords operate within guidelines, there are also others who do not, often taking advantage of some of the most vulnerable members of our community.

“This leads to issues affecting health and safety, the wider community, as well as the environment.”

He added: “This action sends a clear message to landlords: if you do not license your property, or act in such a way that the property cannot be licensed, the council can and will use its powers to take over the running of it.”

Council has taken control of the properties

By securing an interim management order, the council has taken control of the properties and will use the rental income towards improving conditions.

The properties are in the Figges Marsh, Graveney, Longthornton, and Pollards Hill wards, and all are subject to the council’s selective licensing scheme introduced last year.

The landlord remains responsible for mortgage payments.

Council taking over and managing an HMO

Phil Turtle, a legal expert in selective licensing laws at Landlord Licensing & Defence, told Property118: “The process of a council taking over and managing an HMO, or a house/flat which fall under selective licensing, goes back to the Housing Act 2004, section 101.

“The council can either make an ‘interim management order’ for up to 12 months or a final management order for up to five years

“Councils mostly avoid this like the plague because they know that their staff are completely incompetent to actually manage an HMO.”

He adds: “Which says a lot about the people that enforce against landlords – many have no idea how HMOs actually work.”