Des Taylor Landlords Defence Ltd

Registered with Property118.com
Saturday 20th July 2019

Location
London

Trading Status
Company

Providing essential rental accommodation since
2004

Insures properties through a broker recommended by Property118
No


Latest Comments

Total Number of Property118 Comments: 15

Des Taylor Landlords Defence Ltd

10:01 AM, 23rd July 2020
About 2 weeks ago

Dilemma - Rent to Rent/Company Lease contract basics?

This is complex and more commonplace than people realise. I have solved many of these and without fuller information, it is guesswork. Please feel free to let me have an initial look at it for you and assist you. Nook an initial assessment at http://www.landlordsdefence.co.uk/book and I will have a chat with you.

Depending on the agreements in place (physically or through correspondence) or otherwise will determine the actions.

Hope to help and report back on the solution for everyone.... Read More

Des Taylor Landlords Defence Ltd

0:41 AM, 27th June 2020
About a month ago

The last two weeks has been hectic

John,

Yes what we are seeing is a lot antagonism and this is never good.

Yes landlords are not getting great Justice right now, we must fight back.

Utilities are billionaire organisations which have the funds to weather the storm. Of course they probably have some Lord or Lady on the Board who might miss this year's bonus.

Landlords have not been given a good deal in CoronaVirus times.

Whilst in lockdown councils have been working to build their enforcement cases and now we are seeing a flurry of landlords receiving letters.

What ever they do, they should not call the council.

Des Taylor
Landlord Licensing and Defence
0203 877 0905... Read More

Des Taylor Landlords Defence Ltd

8:35 AM, 12th June 2020
About 2 months ago

Dramatic increase in use of prosecutions, civil penalty fines and Rent Repayment Orders

Reply to the comment left by mna at 11/06/2020 - 18:45Hello mna,
You present a conundrum that many Serviced Accommodation operators are faced with.
Is it HMO or not?
There are many Serviced Accommodation Operators offering accommodation to short term guests that to anyone looking from the outside (including the local authority) look more like tenants.
The Housing Act 2004 caters for tenants and this means that is the occupation a tenancy or not. (Houses in Multiple Occupation by its name is about occupation not tenancies).
That question is a debate many can have and the council has to prove that. It may go as far and to make a HMO Declaration to confirm a property as a HMO. (This is a technical part of things).
So, the council has to evaluate the occupation and there are three main things to consider:
Firstly:
The elements that they need to prove:
1. It is Rented property
2. That Rent or other consideration is payable (this is the point that maybe when the council is interviewing the occupants many guests will call the money they pay rent).
3. The of number of occupants
4. Knowledge of sharing of amenities
And Secondly:
The landlord would need to be able to prove to a criminal standard and beyond reasonable doubt, that the occupants lived somewhere else, that they were only staying temporarily and that this was not their place of normal residence. (As you can imagine a contractor on-site in a location for many months, may be seen by others as living there).
And Thirdly
There is no requirement on the Council to prove that the landlord (host) knew that he was in control of or managing a property which was a HMO, and which therefore was required to be licensed.
In summary:
The case will only be answered by a tribunal or a judge to get a precedent and I answer based on experience and cases I have been able to represent the Landlord to a suitable solution for both Council and the Landlord.
Often councils start in the area of planning. (They have been known to us to pursue, planning, licensing, environment and building regulations all at once). The laws exist for the council to investigate and make a statutory declaration and then if it is declared a HMO, it is a HMO. (You would need to appeal to the First-Tier Tribunal to overrule that declaration).
Whilst the accommodation may appear as serviced accommodation and bookings are done through a third party, in many of these arrangements that become extended stays, the agent is often bypassed later in the relationship, to have direct access. Relying on an online travel agency booking as a defence would likely be a weak one in the eyes of a judge.
If the area is also a Selective Licensing Area or Additional HMO Licensing Area, then you would need to tread carefully.
Unilaterally, the accommodation should be assessed Fire and Health and Safety risks and whilst doing that, the findings will be like those required for a HMO, therefore, works will be required for alarms, fire protection etc.
The solution many adopt is to apply for a HMO Licence and to let as short term or long term, as this prevents the property being at risk of being unlicensed when it should do, see Thirdly above, and it permits them to create tenancies and/or licences to occupy during the term of the HMO Licence.
Of course, please read the other comments made above as there are other considerations which could become important depending how the property is configured and the facilities contained in each bedroom.
As you can see this is a complex subject, in which professional advice should be taken and evaluations made as to the risks in the varying areas of law which are covered by this arrangement.
Wherever you are at in your Serviced Accommodation business if you need help then book a Free Initial Assessment Call with us: https://www.landlordsdefence.co.uk/book/
Des Taylor
Casework Director
Landlord Licensing and Defence... Read More

Des Taylor Landlords Defence Ltd

7:58 AM, 12th June 2020
About 2 months ago

Dramatic increase in use of prosecutions, civil penalty fines and Rent Repayment Orders

Reply to the comment left by Rod at 11/06/2020 - 11:25
Hello Rod,

The interesting thing is that the money raised from enforcement activities is used only to fund more enforcement activity. That si all that is allowed.

This means that the more that they catch, the more they will pursue, the more they will enforce, the more they will catch.

Good landlords making errors are as likely to be enforced against as much, if not more than the landlords who blatantly disregard the regulations.

The more they can enforce and the more HMOs identified that can be licensed, and the more self-contained the rooms in HMOs become, eventually, the Valuation Office can move towards valuing for council tax by room.
This will eventually mean that the Council gets multiple payers of Council Tax Income on the same building that today they have a single source of income via Council Tax. It could be a long game that is being played.

The danger is that as you give individuals more power, the more they feel the need to dominate and be ugly. This we are seeing in some local authorities, to the point, that they will deviate excessively from the due process to achieve their aims. Many landlords don’t realise this, until of course our firm steps in and stops this in its tracks.

There are more enforcement and more fines coming, that is for sure.

Landlords need to be careful not to self-incriminate by simply being compliant to the investigative questions.

Des Taylor – Casework Director
Landlord Licensing and Defence
0203 877 0905... Read More

Des Taylor Landlords Defence Ltd

10:45 AM, 11th June 2020
About 2 months ago

Dramatic increase in use of prosecutions, civil penalty fines and Rent Repayment Orders

Hello Paul,

Yes, the council have intelligence officers gathering information for present and future use and cross referencing everything to be able to enforce where they can.

The Property Passport will make it easier for the councils to identify things and breaches of compliance.

Many landlords are finding this business is more complex than before.

It is becoming essential that management systems are in place that cater for management and legislation and that they adapt as things change and the people running the management systems are competent.

The managing agents will become dominant and those that do it well will be valuable and worth employing for full management.

The time has come to accept that no matter which government is in place, the rules are getting more stringent and will likely do so more and more.

If you need help then book a Free Initial Assessment Call with us: https://www.landlordsdefence.co.uk/book/

Des Taylor
Casework Director
Landlord Licensing and Defence... Read More