Housing Act Offences • Protection from Eviction Act 1977 • Protection from Harassment Act 1997 • Any conviction for failure to comply with the licensing regime as set out in the Housing Act 2004 (s95) • Provision of false or misleading information (s238 of Housing Act 2004) • Obstruction (s241of the Housing Act 2004) In addition, application may be made for a rent repayment order requiring the repayment of rent or housing benefit. Unlicensed HMO, Housing Act 2004 s95(1), benefit , criminal conduct, Proceeds of Crime Act 2002 s76(4). 4 Owing to restrictions imposed during the Covid19 pandemic, the Tribunal was unable carry out a physical inspection of the property but had the benefit of photographs included in the Respondent’s hearing bundle (page R76). Failure to obtain a licence will be an offence under s95(1) of the Housing Act 2004 liable on conviction of a unlimited fine and may also result in a Management Order being made for the property. 3 7 The hearing took place by way of CVP Video conference on 23 February 2021 … 5 The hearing took place by way of CVP Video conference on 07 Unlicensed HMO, Housing Act 2004 s95(1), benefit , criminal conduct, Proceeds of Crime Act 2002 s76(4). Watts, of the Council’s Housing Licencing team [26], the Tribunal is satisfied beyond reasonable doubt that the Respondent did commit an offence under s95(1) of the 2004 Act by failing to have a licence at all times when the Property was let from 4th May 2018 until … Raised a number of novel legal arguments concerning the Proceeds of Crime Act regime, and its application to summary-only offences. 2. order allowed; rent obtained when offence committed contrary to s95 Housing Act 2004 not property obtained as a result of or in connection with the offence. RD September 2013. An allegation is also made that the applicant has sublet the Property, but no details are provided. RD April 2013. ‘reasonable excuse’ under s95(4) of the Housing Act 2004 (the 2004 Act). The Supreme Court subsequently refused permission to the Cabinet recommend the use of rent repayment orders (Housing Act 2004 and Housing and Planning Act 2016) as detailed in the report to Council 3. Under the Housing Act 2004 Section 93(2)(a) the Licence may also be revoked. criminal offence under s95(1) Housing Act 2004. Raised a number of novel legal arguments concerning the Proceeds of Crime Act regime, and its … 7. thThe applicant sought to rebut these issues in … 6. 6 Owing to restrictions imposed during the Covid19 pandemic, the Tribunal was unable carry out a physical inspection of the property. I will return to this point in the findings section of this decision. The Defendant in this case was a landlord that owned a rented property in Thanet. Any failure to comply with these conditions is an offence under the Housing Act 2004 s95(2) and may render the Licence Holder liable to prosecution and an unlimited fine upon conviction or a financial of up to £30,000 as an alternative to prosecution. • Licensing of houses under Housing Act 2004 Part 3 (Housing Act 2004 s95) • Failure to comply with overcrowding notice (Housing Act 2004 s139(7)) • Management regulations in respect of HMO’s (Housing Act 2004 s234) • Breach of a banning order (section 21, Housing The Corporate Enforcement Policy be amended to incorporate these changes 4. The Defendant was prosecuted for failing to obtain a licence in accordance with section 95 (1) Housing Act 2004. criminal offence under s95(1) Housing Act 2004. R v Sumal and Sons (Properties) Ltd UKSC 2013/0020, 7 May 2013. Thanet District Council had designated the area as one in which landlords were required to apply for licences under the Housing Act 2004. 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