Legal News

Rotherham County Council has prosecuted the first landlord under its selective licensing scheme, after a house in the Masbrough Selective Licensing Area was identified as being unlicensed in October 2015.

Licensing of private rented housing was implemented in four areas of Rotherham in May 2015 – Eastwood, Masbrough, Dinnington and Maltby South East – with the intention of improving management standards in the private rented sector.

Rotherham Council says its aim is to help tackle issues such as poor property standards and high levels of anti-social behaviour, which often lead to short-term tenancies and deter tenants from wanting to stay in the area.

The house on Avondale Road was identified as unlicensed as a result of a large accumulation of household waste in the rear garden.

Graham Adams – the Director of Alvastone Property and Development Limited – pleaded guilty at Rotherham Magistrates’ Court to operating a rented house without a licence.

Adams was fined £460 and ordered to pay the council’s costs of £559.34, with a victim surcharge of £46.

The house is now empty, but if it is to be re-tenanted, the company has to apply to the council for a licence, which will cost a further £592.

Adams admitted in court that he had failed to license the house, despite receiving letters and warnings that he needed to do so.

He also failed to attend an interview with the council to explain the reasons for not licensing.

Advisory Cabinet Member for Housing, Councillor Emma Wallis, said:

“This is an important first case in Rotherham, where a landlord has paid the penalty for ignoring a licensing regime which is designed to drive up standards in this growing sector.

“This prosecution demonstrates the council’s commitment to rooting out rogue landlords – and ensuring that their properties meet the standards we expect.

“This first case shows that the council means business – and will hopefully act as a deterrent to other landlords who may be considering not complying with the scheme.”

John Healey, MP for Wentworth and Dearne and Shadow Secretary of State for Housing and Planning, added:

“The new Selective Licensing scheme will boost parts of Rotherham and provide much needed support to communities, through tackling things like anti-social behaviour and sub-standard property conditions.

“The council consulted widely in the areas that are affected – and found that the vast majority of residents were in favour of the initiative.

“Residents and responsible landlords have long been concerned that some landlords are profiting from renting out properties in very poor condition, which has had a knock-on effect on people’s health and quality of life.

“These communities will benefit greatly as the council takes decisive action against these landlords, making sure they improve conditions once and for all.

“This really is a ground-breaking scheme, which points the way for other councils on how to raise standards for private renters.”

Duncan Lewis Housing Solicitors

Duncan Lewis housing solicitors can advise on a wide range of housing law, including advising on landlords’ legal duties under the Housing Act and local council regulations on private rented accommodation and HMOs.

There are Duncan Lewis offices across the UK and our housing team are also able to advise on:

• Conveyancing services
• Council’s obligations to re-house
• Debt management for homeowners
• Disrepair of rented property
• Housing Benefit
• Housing possession
• Landlords’ obligations
• Landlord and tenant disputes
• Lease extensions
• Local Authority housing
• Mortgage repossession
• Notice to quit
• Nuisance neighbours
• Right to Buy
• Right to Rent checks
• Tenancy agreements
• Unlawful eviction.

For expert legal advice on housing law, call Duncan Lewis housing solicitors on 0333 772 0409.