Phil Turtle, Landlord Licensing & Defence

Registered with Property118.com
Tuesday 21st April 2020

Location
England-wide

Specialisms
Barristers Opinion

Trading Status
Company

Providing essential rental accommodation since
2010

Insures properties through a broker recommended by Property118
No


Latest Comments

Total Number of Property118 Comments: 20

Phil Turtle, Landlord Licensing & Defence

14:00 PM, 30th November 2020
About 2 days ago

New HMO licence - Can Islington demand these conditions?

Hello Sandy
The first point must be that the fire safety of your tenants is of extreme importance. If there were to be a fire and the fire precautions were not adequate you would have badly injured or dead tenants and the possibility of a corporate manslaughter charge.

Turning to your specific questions, then your fire precautions should comply with LACORS and the fire alarm with the updated BS5839-6 2019. Without seeing your property I cannot say for definite what the requirement would be but if, as it sounds like it is say a two storey house then the likely requirement is Grade D1 mains powered interlinked smoke alarms in all living rooms and bedrooms plus heat detector in the kitchen.

The council should indeed expect you to produce an annual maintenance certificate provided by a competent inspector although it should be to BS8539-6 (rather than FSG7 which is a proprietary NICEIC form).

As regards emergency lighting then this is rarely needed in a two storey house unless there is no borrowed light from outside on the landings or stairs. See LACORS for details of when it is/isn't required. It is very easy to provide emergency lighting these days by simply replacing the existing lights with dual function normal/emergency lights such as these https://www.tlc-direct.co.uk/Products/LTG1MCESW.html

Your Fire Risk Assessment (and yes you should have one done by a trained competent person) will tell you exactly what is required. If you need a fire risk assessment and any advice relating to HHSRS and HMO amenity standards do please get in touch. The fines for getting this stuff wrong are eye watering.

http://www.landlordsdefence.co.uk/contact... Read More

Phil Turtle, Landlord Licensing & Defence

11:19 AM, 24th October 2020
About a month ago

Window to Conservatory: HHSRS cat 1 hazard

Simon
We see nonsense “over egging” of HHSRS by councils all the time. We can provide an alternate assessment by one of our senior certified HHSRS practitioners and assist with fighting the council. If you would like assistance please drop us the relevant documents to help@landlordsdefence.co.uk or book a free initial call at http://landlordsdefence.co.uk/book... Read More

Phil Turtle, Landlord Licensing & Defence

19:06 PM, 19th October 2020
About a month ago

University putting landlords in danger of prosecution for unlicensed HMOs

Reply to the comment left by Chris @ Possession Friend at 19/10/2020 - 18:16
"If you have any information about any property being operated as unlicensed HMO, please report it immediately via our online reporting form." says the council

i.e. LL please grass up your LL colleagues!

They don't miss a trick in their relentless campaign for revenue

Shame they have little regard for housing standards any more. It's all about the money.

And of course there is no redress against the local authority unless you have a couple of £100k to take them to the only thing they fear: Judicial Review... Read More

Phil Turtle, Landlord Licensing & Defence

13:59 PM, 9th October 2020
About 2 months ago

Family Subletting to unrelated couple?

Hello Arjun
It sounds very much as though your tenants have created an HMO for which you as the landlord are criminally liable because it is not licensed.

Failure to licence an HMO is unfortunately a criminal offence, although councils have the option to fine you (landlord) instead. We frequently see landlords fined from £4,000 to over £12,000 for failure to licence.

A property legally becomes an HMO when there are THREE or more persons where ONE or more is not related. See here https://www.landlordsdefence.co.uk/is-my-rental-property-an-unwitting-or-accidental-hmo/

The moment your property becomes legally an HMO (usually by a tenant moving a non-related friend in) you are legally required to comply with all of the Management of Houses in Multiple Occupation (England) Regulations 2006. This includes a number of factors particularly relating to fire alarms and fire doors where your property is very unlikely to be compliant. The council finds that fining landlords is a great source of revenue. If they discover you have an unlicensed HMO then you can expect them to inspect the property without telling you and then summarily issue civil penalty fines.

I'm sorry to say it sounds as though your tenants have got you into a lot of criminal trouble and I can only recommend you seek professional help as soon as possible.

Do feel free to get in touch if you would like our firm to assist you.... Read More

Phil Turtle, Landlord Licensing & Defence

14:58 PM, 4th October 2020
About 2 months ago

Sublet and no HMO licence eviction attempt?

Pamela
Sadly by creating an HMO you’ve created big potential problems for your self that you did not realise.

Even if your property is not in an Additional licensing area you will 90% be in breach of a number of regulations under the management of houses in multiple occupation (England) regulations 2006 for which the council can and give half a chance will issue summary civil financial penalty fine in the £1000s

It’s not fair but it’s fact and as ever ignorance of the law is no defence.

Please get professional help.

You can contact us at Landlord Licensing and Defence help@landlordsdefence.co.uk or 0208 088 0788... Read More