The banning of a landlord under a new housing act has been welcomed by Thursfields Solicitors, who said it shows how the law cannot be ignored.
The comments come after David Beattie was banned from letting or being involved in letting properties for the next five years – the first person to face such action under the Housing and Planning Act 2016.
A tribunal granted the banning order to Telford and Wrekin Council after finding that Beattie had deliberately misled tenants in a house in multiple occupation (HMO) by telling them they could be evicted within 48 hours.
Lauren Bryan, a specialist lawyer in property disputes at Thursfields’ Birmingham office, said: “This is the first person in England to be banned from being a landlord under new legislation brought in a year ago.
The Housing and Planning Act 2016 provides new powers which permit local housing authorities to seek banning orders where landlords or property agents have been convicted of a banning order offence.
In this case, the landlord had already been refused an HMO licence in 2015 because he ‘was not a fit and proper person’, and yet the hearing heard he had continued to run the house and advertise rooms to let.
He also issued a different licence to tenants – stating they could be evicted in 48 hours or less – instead of an assured short-hold tenancy.”
Lauren added: “This legal action highlights new powers to protect tenants and tackle landlords who flout the law.”
The tribunal stated that Beattie’s licences were “a deliberate attempt to mislead tenants as to their legal rights and security of tenure”.
It not only banned Beattie (47) from being a landlord but also granted the council a £2,000 rent repayment order over the seven-bedroom home he was letting in Shropshire.
For any Property Disputes advice please contact Lauren Bryan on 0121 227 3369 or firstname.lastname@example.org