Tag Archives: council

News

Unlawful profit orders and sub-letting

As Airbnb listings in London soar to 80,000, up 400% from 2015 figures, Westminster Council is cracking down on those who use the site to unlawfully sublet social housing, with over 1,500 investigations underway.

The council recovered £100,974 from Toby Harman, a social housing tenant who had been unlawfully letting his flat on Airbnb since 2013. He has also been evicted so the flat can be let to someone in genuine need.

Last year, the council recovered 24 homes from unlawful sub-letters.

unlawful profit orders

Subletting social housing was made an offence in the Prevention of Social Housing Fraud Act 2013. It is a crime to sublet secure or assured tenancies with local authorities or other registered social housing providers.

A tenant (with a secure or assured tenancy) commits an offence if –

  • he or she sub-lets the whole, or sometimes part, of the dwelling,
  • the tenant ceases to occupy the dwelling as his or her only or principal home, and
  • the tenant knows he or she is acting in breach of the tenancy.

A different, more serious offence is committed if you act dishonestly.

The law says that it is a defence if the sub-letting takes place as a result of violence or threats toward certain people. A further defence may arise if the person then occupying the house is entitled to apply to the court for a right to occupy or to have the tenancy transferred.

A person convicted of one of these offences is liable to a fine and, if they act dishonestly, could face six months in prison.

They are also liable to a new type of order introduced in the Act, Unlawful Profit Orders.

The making of one of these orders is how Westminster Council were able to recover the money from Mr Harman.  Under this power, the court must consider making an order that the defendant repays any profit to the landlord.

The maximum amount payable under Unlawful Profit Orders is the illicit amount received by the offender minus any rent paid to the landlord. The court may make an order for payment of any amount up to that ceiling, depending on the offender’s current means.

Unlawful profit orders can also be made in civil proceedings, where no criminal charges are brought.

Contact a crime and regulatory law solicitor

nottingham crime solicitor Martin Haldey
Crime and regulatory solicitor Martin Hadley

Contact crime and regulatory solicitor Martin Hadley on 0115 9599550 of you are contacted by a local authority who are investigating unlawful sub-letting.   Alternatively you can use the contact form below.  You will then be able to discuss any allegations of criminal conduct arising out of your use of your property with him.

We will be able to provide you with free and independent legal advice if the police are involved in any interview process, whether you are a volunteer or under arrest.  This is because be have a contract with the government to provide criminal legal aid.

Martin will discuss with you your options for funding any other interviews with the local authority or court proceedings.

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News

Fly-tipping – ensuring all polluters pay

We all know that fly-tipping is an offence, but did you know you commit an offence if you pass waste to someone who isn’t licensed?

What is meant by ‘waste’?

This article is referring to household waste.  For example, this may mean excess rubbish that does not fit in your general collection bins.

How could I commit an offence of fly-tipping?

fly-tippingYou have a ‘duty of care’ to take all measures reasonable in the circumstances to ensure you only transfer waste to an ‘authorised’ person.  Please note that if a trades person working at your house produces waste, they are responsible for the removal and disposal.

Most offences of fly-tipping are committed by someone paid to take the waste away rather than the person who produced the waste.  This means that you commit an offence if the person you ask to take the waste away is not licensed to do so and then illegally disposes of it.

What is an authorised person?

This is usually the local authority collection service, a registered waste carrier or an operator of a registered site. You can check if a person is licensed on the Environment Agency Website.

What could happen to me?

The government is introducing a fixed penalty notice for breaches of the household duty of care in relation to fly-tipping.

fly-tippingCurrently, you could be offered a caution, warning or be prosecuted for failing to comply with your duty of care. The new penalty notice system provides an alternative to a prosecution.

The penalty will range from £150 to £400.  The minimum discounted penalty available will be £120. The penalty is set deliberately at a high rate as otherwise it may still be cheaper to use an illegal waste collector.  It is intended to act as a deterrent and is therefore set at a rate that is higher than the cost of legitimate disposal.

The guidance produced by the government for local councils states that householders should not be fined for minor breaches and consideration should be given as to whether it is proportionate and in the public interest to issue a notice to a person who is classed as vulnerable.

What if I do not pay the penalty?

If you chose not to pay the penalty you can be prosecuted for the offence through the courts. The typical fine imposed at court is likely to be significantly higher than the penalty notice.

When will the law be brought in?

The law to introduce the penalty is expected to be in force early this year.

How can we help?

If you are invited to attend an interview with any prosecuting agency, such as a local authority, you can have a solicitor present.  Dependent upon your means, that advice and assistance may be free of charge to you under the Legal Help scheme.

The advantages of such early legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.  Legal aid may well be available to fund your defence at court.

 You can find your nearest office here.

new domestic abuse legislation
VHS Fletchers offices across the East Midlands

Alternatively you can use the contact form below:

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News

Students and noise nuisance – what are the consequences?

A worrying increase in the reports of noise nuisance from students
BBC News for Nottingham has today reports of ‘atrocious parties’ held by university students which have caused record numbers of complaints from local residents about noise nuisance. You can read the story here.

There is always likely to be issue arising when an area has a high number of students living in private rented accommodation within a residential area.

Very few students deliberately set out to annoy their neighbours. Problems with noise nuisance seem likely to result from a combination of alcohol and a genuine lack of thought.

Complaints to the police and the council are on the rise. If you are a student and live in a residential area then you are always likely to be at risk of a complaint if you or your household make excessive noise after 11pm.

What are the consequences of a complaint against you for excessive noise?

The position may depend on whether or not you are in a university owned accommodation or not.

student halls of residence noise nuisanceMost universities publish codes of conduct that students must sign up to when enrolling. Whilst every university code will differ in some way they tend to follow the same format. There is likely to be a provision permitting a student to be disciplined for excessive noise in university owned accommodation.

The discipline procedure for excessive noise nuisance is likely to involve a report to a designated university officer. The officer will have the power to issue you with a reprimand or a fine.

Repeated and persistent breaches or other serious offences can result in you being removed from your university accommodation. You could also be reported to the university senate disciplinary committee. This would lead to a disciplinary hearing. A wide range of penalties are available for serious, persistent offences. Ultimately this can include exclusion from the university.

Private student accommodation

student private rented noise nuisanceEven if you live off campus in private student accommodation then you could still find yourself at the sharp end of the university disciplinary regulations. Many universities stipulate within their code of conduct that behaviour off campus that damages the reputation of the university is considered an offence under the disciplinary regulations.

For example, the University of Nottingham is quoted in the BBC news article as saying that students would be disciplined if their behaviour ‘compromised the safety of others’.

Statutory Nuisance

Additionally, it is not only the university that can instigate proceedings against a student for excessive noise. Local Councils have the power to look into complaints about noise that could be categorised as a statutory noise nuisance.

For the noise to be a ‘statutory nuisance’, it must do one of the following:

  • Unreasonably and substantially interfere with the use or enjoyment of a home or other premises
  • Injure health or be likely to injure health

Councils must serve an abatement noise on persons who cause a statutory nuisance. This means that whoever is responsible must stop the noise. If they do not then they can be issued with a fixed penalty notice giving them the opportunity to pay a fine of £110 within 14 days in order to avoid prosecution.

If you do not pay the notice or fail to pay it within the 14 days then you can be prosecuted. This means that you will be given a court date, and if guilty you could be fined up to £1000 and order to pay the costs of the prosecution.

Civil Injunctions for noise nuisance

Both a council and the police have the power to apply for a civil injunction in the county court against those that create excessive noise that is capable of causing nuisance or annoyance. Breach of the injunction can lead to a prison sentence.

Contact a specialist to discuss any aspect of noise nuisance

student noise nuisance university discipline
Education law specialist Clare Roberts

If you are a student and you have a concern about a complaint raised against you then please contact education law solicitor Clare Roberts on 0115 9599550.

Clare, and other members of our team, have experience in advising and representing students who face both university disciplinary matters or allegations that have been reported to the police.

You can read about our full range of services for students in higher education here.

Alternatively you can use the contact form below to seek confidential specialist advice.