Harassment by Local Council

by Readers Question

10:07 AM, 28th November 2014
About 4 years ago

Harassment by Local Council

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Harassment by Local Council

I currently have an issue concerning dealings with the Nottingham City Council HMO Licence.Harassment by Local Council

I was granted an HMO licence by the Council in 2009. When I applied to renew my licence I was told that two of the room sizes are two small even though I have not made any changes in the last 5 years.

After obtaining the last licence I redecorated the entire property and put down laminate flooring in the bedrooms. Now I have been told I can only let to 6 people and not 7 unless I change the room sizes which will involve considerable time and money. However, the council refuse to even talk compensation with me and admitted their mistake and say they are enforcing the law more stringently this time!

My issue is that due to their incompetence, I have to undo my original work and then do it all over again.

Council inspectors seem to take their responsibilities to landlords very lightly!!

Can anybody help with this matter of claiming compensation from the council or experienced similar?

Thanks

Michael Mann



Comments

Mark Alexander

10:09 AM, 28th November 2014
About 4 years ago

Hi Michael

Have a free initial chat with Mark Smith (Barrister-At-Law) - see >>> http://www.property118.com/member/?id=1945
.

Mark Smith (Barrister-At-Law)

10:11 AM, 28th November 2014
About 4 years ago

Already done!

Mark Alexander

10:19 AM, 28th November 2014
About 4 years ago

Reply to the comment left by "Mark Smith (Barrister-At-Law)" at "28/11/2014 - 10:11":

I'll get back to my cocktails on the beach then 😉
.

michael mann

10:33 AM, 28th November 2014
About 4 years ago

Reply to the comment left by "Mark Smith (Barrister-At-Law)" at "28/11/2014 - 10:11":

Dear Mrs Mann

Thank you for the email dated the 18th November 2014, I had responded in full to your representation in the email as per below.

As per your email dated the 11th November 2014, unfortunately I am not able to expand, I’m sorry that you feel that I have failed to answer your questions.

Yes, your licence application is for a renewal of a mandatory house in multiple occupation licence for 93 Castle Boulevard.

The Local Authority has been working very hard to ensure Officers apply the standards correctly and consistently. You have stated and agreed that two of your bedrooms are under the required space standards set by the Local Authority. I do agree the first licence was issued for 7 persons and agree that the space standards may not have been applied consistently at this time.

If you wish to pursue this matter you should do so via your legal advisor as I am not able to comment on the matter compensation on behalf of the Local Authority.

If you would like to complain you can do so via our website comments, compliments and complaints or refer you complaint directly to Mr David Hobbs Operations Manager via email ( as copied in) or calling him directly on 01158761555.

As stated in the email below, once the final licence has been issued you do have the opportunity to make an appeal against the Local Authority decision. You can appeal to theFirst-tier tribunal – Property Chamber (Residential Property), notes how to do this will be enclosed with the final licence documents.

I trust this answers your questions in full.

Yours sincerely

Julie Liversidge

Ian Ringrose

13:46 PM, 28th November 2014
About 4 years ago

Robert Townson won an interesting case, the ruling being “The Tribunal found that the standards set by the Council could only be taken as aspirational;” see http://www.lacors.gov.uk/lacors/ContentDetails.aspx?id=16285. The legal test being “reasonably suitable” not “good” or “ideal”.

also have a look at http://www.nelsonslaw.co.uk/site/library/legalnews/citycouncillosesappealtorestricthmolicence.htm


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