Housing Update – Issue 10

Welcome to the winter edition of the newsletter from the property team at Anthony Gold Solicitors.

This edition of the newsletter brings you a mix of interesting developments in relation to Houses in Multiple Occupation (“HMOs”), licensing, the Proceeds of Crime Act 2002 and an overview of what happened in 2021 and the likely changes to look forward to in 2022.

On 5 November 2021, my colleagues Robin Stewart and Tamanna Begum held webinar in conjunction with barristers from 5 Pump Court on “The Liability for licensing and property standards in HMOs”. The webinar focused on the liability of tenants and landlords in the context of licensing and property standards in HMOs. The speakers discussed the impact of the recent Upper Tribunal decision in Rakusen v Jepson & Ors, Safer Renting Intervenor (2021) EWCA Civ 115 and its impact on superior landlords in the context of rent repayment order applications.

Local authorities have several enforcement tools to act against landlords who commit criminal offences either under the Housing Act 2004 or in relation to offences committed in respect of other breaches such as planning control and breaches of enforcement notices. One of those tools is to confiscate rent from the landlords under the Proceeds of Crime Act 2002. This is a tool that is not used that often but it is of course possible for Local Authorities to go down this route.

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