Mark Shine

Registered with Property118.com
Tuesday 28th July 2015


Latest Comments

Total Number of Property118 Comments: 432

Mark Shine

21:22 PM, 3rd January 2021
About 3 weeks ago

Definition of 'single household'?

Reply to the comment left by Yvonne Francis at 03/01/2021 - 16:58
No probs Yvonne. Like yourself, over recent years I’ve also had no choice but to have the term "additional HMO” on the brain a bit, thanks to licensing. I wonder if Covid had not happened, more and more councils across the UK would have already tried to roll out their very own additional HMO licensing schemes.

BTW I only mentioned the estoppel thing, on the off chance it might help Wendy’s case. That said, as she is already dealing with the FtT, the counsel representing her will have already considered that angle no doubt..

Like others, I would also be v interested to see if her case helps clarify what ‘household’ should very obviously mean in 2021. Council licensing depts may not be so happy to hear a sensible/ logical /modern definition though?... Read More

Mark Shine

16:33 PM, 3rd January 2021
About 3 weeks ago

Definition of 'single household'?

Reply to the comment left by David at 03/01/2021 - 15:59
Thanks David. Yes that’s right, I didn’t say 2 households form an HMO. But apologies Yvonne, my wording was perhaps a little misleading.

Re the Estoppel, yes you are correct in my case it didn’t go to court / FtT, but the letter the lawyer sent to the freeholder’s solictors did make reference to previous case law (Downie v Turner 1951).... Read More

Mark Shine

20:41 PM, 2nd January 2021
About 3 weeks ago

Definition of 'single household'?

With regards to ‘additional’ HMO licensing, the council officials I’ve spoken to were very clear on what they choose to define as separate households (ie 2 unrelated tenants are 2 households etc regardless of whether they had been living cohesively for many years).

However re the leasehold issue Wendy: I’ve had a landlord (company who purchased the freehold interest in a 60 or so unit block a few years ago) who then tried to challenge as the original (mid 20th century) leases technically stated only the lessee ie flat owner themselves and/or their family can occupy flats. I paid a lawyer for advice at the time. He sent the freeholder a letter stating that due to Estoppel (a word I was unaware of at the time, but he basically meant as the flats had been rented for years unchallenged) the freeholder had no grounds to challenge now.

Never heard anything more from the landlord/ freehold co re that matter since.... Read More

Mark Shine

21:55 PM, 3rd October 2020
About 4 months ago

Sublet and no HMO licence eviction attempt?

Yes entirely depends on where Pamela’s property is. Where my properties are (few London boroughs), 3 ‘households’ in a 2 bed flat is undoubtedly an ‘additional’ HMO requiring a license.... Read More

Mark Shine

22:03 PM, 20th September 2020
About 4 months ago

Westminster online tool encouraging HMO tenants to claim Rent Repayment Orders!

Reply to the comment left by Mark Hulbert at 19/09/2020 - 23:55
Am not an ‘additional’ HMO expert, more of an additional HMO victim, so others may be able to advise more accurately, but yes I would imagine so... Read More