1. Private Rented Property Licensing Headlines – 28 June 2016

2. PRPL - Headlines to Date Overview Applications received:20016 Licenses issued – 17904 5 Year: 17672 1 Year: 232 Licenses refused: 35 Licenses varied to a shorter term: 9 Licenses revoked [condition/fit and proper issues]:0

3. PRPL - Headlines to Date Enforcement actions/audit and compliance: Number of visits/inspections/tasking days: 880 Unlicensed properties identified: 3972 Numbers of warning letters issued: 5655 Successful prosecutions: 25 Successful prosecutions/fines: ~£91k Press/media coverage (local, regional, national): ITV London News, Local Guardian

4. Neighbourhoods Action Days January - June 2016 14 Action days so far

5. Across all Neighbourhoods Services 16850 Properties Visited 250 Properties liable for Prosecution 145 New unlicensed properties identified 318 Fly Tips Investigated 437 DFG’s cleared or issued warning 749 Businesses and properties inspected 8 Beds in Sheds investigated

6. PRPL – Future Prosecutions Prosecution cases: Convictions to date – freehold or leasehold owners Managing agents also have a responsibility to ensure licence in place Up-coming cases include prosecutions against agents Letter recently sent to over 300 agents – also addresses HMO issues

7. Prosecution case study Share details of a recent prosecution case Key issue – alleged address ‘sub-let’ without landlords knowledge or permission Show how cases are conducted – normally clear warning before legal proceedings instigated Show how ‘sub-letting’ approached in a practical example

8. Prosecution case study Early enforcement day in Fulbourne Road/Garner Road areas – September 2015 Identifying unlicensed addresses and audits of addresses where licence application made 3 storey address in Garner Road Application indicated 1 household 4 persons

9. Prosecution case study Officers found that address was HMO with about 9 persons in residence Bed in shed in rear garden

10. Prosecution case study September 2015 – joint visit arranged with owner with 24 hours notice Bed in shed cleared Owner contended that house was being occupied by single family household Owner requested to submit HMO licence application Notice given to reject PRPL application

11. Prosecution case study October 2015 – owner again stated that address occupied as single family address, offered to provide copy of tenancy agreement October 2015 – Council stated happy to receive tenancy agreement but address clearly being used as HMO December 2015 – PRPL application rejected December 2015 – address inspected, evidence taken for prosecution, owner notified

12. Prosecution case study January 2016 – contact from owner, further offer to provide tenancy agreement January 2016 – letter from owner, tenants had agreed to vacate at end of month February 2016 – summons issued February 2016 – tenancy agreement provided by owner’s solicitor. Also provided notice served under s8 dated mid-October 2015 S8 notice indicated possession proceedings from 1 November 2015

13. Prosecution case study Case heard May 2016 – owner admitted address was being used as HMO but offered ‘reasonable excuse’ defence Defence – address sub-let but steps being taken to obtain possession Council contested defence – questioned authenticity of s8 Notice and argued, even if issued, no steps had been taken to enforce Court found in Councils favour – 7.5k fine and 1.6k costs Other licences now under review

14. Prosecution case study Key messages Council recognises that some landlords are victims of illegal sub-letting but others are letting homes to multiple households in full knowledge that laws are being broken Landlords need to carry out regular checks Council will be sympathetic if landlords affected by unauthorised sub-letting and take action to resolve Formal enforcement action will be taken in appropriate cases