Blog Post

Licensing Prosecution

Sep 1, 2009, 16:44 PM by David Boyd

 David Boyd, Managing Director, PAD4U Letting Agents Manchester writes:

A private landlord has been successfully prosecuted by Cardiff Council for failing to licence a property under the 2004 Housing Act and may now be forced to repay rent.Sabiha Almas Siddique, of Rhydypenau Road in Cardiff, was sent a licence application pack by the council in 2007. Her three storey property in Mafeking Road has six tenants and by law, now needs to be licensed.

Failure to return the pack and relevant safety documents resulted in a council prosecution. Mrs Siddique pleaded guilty at Cardiff Magistrates Court on Monday August 10 and has been fined £1,500 and £150 costs.

The former tenants of the property are now entitled to make an application to the Residential Property Tribunal for a rent repayment order under Sections 73 & 74 of the Housing Act 2004.

In the event of the tribunal making the order in favour of the former tenants, Mrs Siddique may be required to repay up to 12 months rent.

It's important for PAD4U landlords to ensure that they have the appropriate licenses for their property. If a license is required you will have been contacted by PAD4U to go through this process. However if you have any questions or believe that you may need a license and have not been contacted by ourselves, please email: [email protected]

Fines can theoretically be up to a maximum of £20,000, but the biggest cost, as in this case, could be loss of rent as this can be claimed back by the tenant for the period the property is not licensed.

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