8. 440 London Road in Grays, Essex is a semi-detached house with six bedrooms on three floors. From about 1997 to 2008, Mr. Daoudi`s family home lived there with his wife and their four children. Around 2008, the family moved to Kent, but Mr. and Mrs. Daoudi retained ownership of the house and Mr. Daoudi led them to rent it through a rental agency. The agreement ended in early 2018, when the tenant was late and Mr. Daoudi found that the rental agency had failed to insure against non-payment of rents. This is a legal agreement between you and us, the owner. It explains your rights, your duties and our responsibilities. Rent is a weekly tax for your property.
Before signing a lease agreement for a Council property, we will inform you of the total weekly fee. Barry Johnson, owner of the housing portfolio at Thurrock Council, commented on the case and said: “We believe that everyone should have a quality place to live and will not tolerate landlords exploiting their tenants by taking rent or taxpayers` money in the form of housing allowances, while forcing them to live in unacceptable conditions. This is a pioneering case for the Council. I am pleased that we were not only able to track and ensure the necessary improvements at the owner`s expense, but that we were also able to recover the rent for the first time. 48. Examples of potential financial benefits to be avoided at Stage 3 are cited in the Commission`s policy, including licensing offences: rental income when the HMO was not authorized or where it was busier than the number of authorized persons; The cost of complying with the construction conditions on the licence; The cost of applying for a licence. I find this list mysterious. If the objective is to ensure that the penalty is proportionate, it can be assumed that the use of the costs associated with compliance with the work or the application for a licence only affects the appropriate penalty if the property is no longer used as HMO, so that these costs have been totally avoided. If a licence has been requested and the necessary work has been done, the cost is not a measure of the financial benefit of the offender. Similarly, the total income received during the operation of the unlicensed property is not a measure of this gain.
Logically, the relevant amount should be the additional rent that the landlord could insure through an unlicensed operation. During the inspection, Thurrock Council officials found that ten different health and safety risks affected the property. These include rotten and unsecured window frames and doors, as well as an unverified boiler. The South Ockendon property has also been infested with rodents. With all the interaction, it is clear that the property was not safe for human habitation and was not suitable for rent. (d) the applicant provided the Council with all possible support and cooperation when it requested information before imposing a fine. For more information, see: thurrock.gov.uk/private-landlords (e) The court accepts the applicant`s evidence that he was not informed of the need for HMO authorization prior to the Council`s intervention. This appeared to be accepted by the respondents, who acted on the basis that he was nevertheless responsible for not asking questions of an informed owner.
In addition, the respondent`s own responsibility is to ensure that all reasonable steps are taken to ensure the issuance of HMO licences (see, for example, section 61, paragraph 4, of the Act). It is not clear whether the press releases cited by the city council were reproduced in the local newspaper. There was also no evidence of the information provided on the website for review by the Court of Justice. In any event, it is clear that the applicant did not know that he had to have a licence.