I have a tenant who is taking me to the First Tier Tribunal for not having an HMO license in place for a short period of time. I accept responsibility here, even though the error was forced upon me by the local council who did not issue the new license in a timely manner. She has chosen to have a representative at the Tribunal, as is her right. Unfortunately, the person she has selected is involved in his own court case with me because of his failure to pay rent and I feel that he is therefore an inappropriate choice. Do I have any grounds to reject him? He has, to my way of thinking, a vested interest in making me seem an unsuitable landlord; it may even constitute a conflict of interests. The claimant has also not paid rent for over a year and is therefore unlikely to reap any financial benefit from the hearing, but I fear the pair of them are in cahoots to blacken my name and also that of the Managing Agent, against whom they are raging a vendetta. Legal solutions have been tried against both of them (S21 for both and future S21s and S8s if necessary). Mediation will likely follow before the hearing, but again it would be probable that he will represent her. Does anyone have any suggestions as to how to deal with this pair before they ruin me and my managing agent?
sorry to hear about your nightmare
if rep is a barrister or solicitor they have professional codes of conduct re conflicts of interest; but a different rep will make same points; the rep you dont want can observe anyway from public viewing area and there is an audio recording or judge’s notes so it’s all on record. So not clear why makes any difference who the rep is. So long as they dont breach confidentiality not sure there’s any reason to reject them - having same interest as client is not a conflict I ‘think’ but others more legally minded may know better than me ( @David122 views?? )
The possible penalties are severe [see below] but their motivation may primarily be to make the s21s invalid, but since you have now obtained an HMO license it may be more of a delaying tactic of some sort. Hopefully council wont pursue you.
See what deal they suggest via mediation. If they are willing to leave and sign a deed of surrender giving up the tenancy, in return for you not pursuing the arrears and returning their deposit [appreciate it’s an extra kick in teeth], consider it - taking account whether there’s any prospect of recovering the rent arrears. Get legal advice but for the HMO licence just offer to repay the rent for the period you didnt have a license, as they seem likely to get that plus legal costs anyway via a RRO.
If they want to stay no matter what, till you get possession through the courts after a valid s21, then bailiffs, the messages on these fora seem to be that it can take 6-12m. With the large numbers of LLs serving s21s ahead of 1 may, I’m guessing could be even longer
Good luck
David
Key Penalties for No HMO Licence:
Civil Penalty: Up to £30,000 per offence, issued directly by the council.
Unlimited Fine: Upon conviction in a magistrate’s court.
Rent Repayment Order (RRO): Tenants (or the council) can apply to a tribunal to reclaim up to 12 months of rent paid.
Management Orders: The council can take over the management of the property, taking costs from the rental income.
Inability to Use Section 21: Landlords cannot use a section 21 eviction notice if an HMO licence is required but not obtained.
These penalties apply to any person or company in control of or managing the property.
good luck
You are legally covered for licensing from the moment you submit the application and pay the first part of the fee. Delays by the Council to issue the licence should not affect this.
You dont have a choice about her legal representative, but you should speak to a specialist housing solicitor about your concerns as you may need legal representation.
Above correct. When I applied for one of the licences the L A got back to me 18 months later. Their delay, not mine
Thank you all for your comments. I have appointed a legal representative of my own as the tenant’s representative has caused me so much aggravation over the past 2 years. The date by which the Council can penalise me has passed. The claimant herself owes me more in unpaid rent than the RRO would award her, so I cannot understand what she thinks she is going to gain from the whole process, other than harming me and my reputation. It looks like the s21 and s8 routes are the only way forward after this because neither tenant is prepared to leave unless I pay all the RRO, write off the many thousands of pounds owed me and pay the deposit on a new flat plus 2 months rent.