£58,000 fine for a first-time offence despite ‘naïve mistake’ – judge

A landlord family have been slapped with a £28,000 rent repayment order (RRO) and combined fines of ©1999 - Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® - £58,000 fine for a first-time offence despite ‘naïve mistake’ – judge | LandlordZONE.

£58,000 fine for a first-time offence despite  ‘naïve mistake’ – judge

A landlord family have been slapped with a £28,000 rent repayment order (RRO) and combined fines of £30,000 for a first-time offence of neglecting to licence their HMO.

Colin and Jacqueline Cain were ordered to pay £4,000 each to seven former tenants of their house in Wiggington Road (pictured), York, by a First Tier Property Tribunal after property manager Victoria Cain was fined £20,000 by York City Council and Colin Cain was fined £10,000.

But the fine could have been much worse – the couple were given a 30% discount on the RRO after admitting their ‘one-time’ mistake in not applying for a licence, that they had been badly advised, had tried to reach a settlement with the tenants and that they lacked funds to repay the penalty.

The tribunal also heard that there had been no complaints about the accommodation or management from the tenants or council, and that the Cains were the “very opposite of serial offenders” flouting the law.

One-time offence

“This one-time offence occurred by mistake, through naivety as to legal requirements,” it said.

The seven tenants had sought a rent repayment order of £40,350 for rent paid during the 12-month tenancy from 1st July 2018.

It ruled: “The respondents were not professional landlords with a wider property portfolio. The above findings concerning the respondents’ good conduct and clean history justify a discount to the rent to be repaid.

“The tribunal considers a discount in the order of 15% in each of these areas to be appropriate, giving rise to a repayment of 70% of the total rent.”

LandlordZONE has approached York City Council for comment.

Read the full decision.

©1999 - Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® - £58,000 fine for a first-time offence despite ‘naïve mistake’ – judge | LandlordZONE.

Source : Landlord Zone More   

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BREAKING: Leading property educators gather to launch self-regulation scheme

An initiative to bring in self-regulation of the property education sector has been launched, recognising that its ©1999 - Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® - BREAKING: Leading property educators gather to launch self-regulation scheme | LandlordZONE.

BREAKING: Leading property educators gather to launch self-regulation scheme

An initiative to bring in self-regulation of the property education sector has been launched, recognising that its reputation faces ‘major issues’ as more and more ‘get rich quick’ operators join the fray.

Called the Property Educators Accreditation Scheme or PEAS, it is backed by key members of the educator sector.

This includes , Mark Lloyd of Property Master Academy; of Succeed in Property and property consultant David Temple, all of whom have been through a rigorous and six-month long vetting process.

It also has the backing of evictions expert Paul Shamplina; Sean Hooker, Head of Redress at the ; Kirsty Roberts of Asset Academy (pictured), whose husband and Home under the is also a property educator; compliance consultant Julie Ford, David Sandeman of the Essential Information Group and David Smith of JMW Solicitors.

is operated by the Property Investors Bureau headed up by Cyril Thomas (pictured), who also runs his own property management firm.

Enforcement

Thomas told a launch gathering at the offices of Hamilton Fraser (main pic) that the PEAS scheme is designed to help future students looking for a property educator to discover ‘the good guys’ who have signed up to be ethical and transparent, and that it will strike a balance between cooperation and enforcement.

 “Anyone looking for property education that sees the PEAS badge on training/marketing materials, can feel confident that the educator has been through a thorough and varied accreditation process and that they have a transparent money back guarantee amongst other things,” says Thomas.

Decent honest

john howard property educator

John Howards (pictured) says: “In my view the property education industry has been calling out for an organisation that distinguishes between the genuine decent honest property educators and others who will not be accepted into PEAS.”

Lloyds adds: “Our industry has been under scrutiny for a number of years and we believe this will help improve standards and transparency for those looking to invest in their property education.”

Tim Frome of the PRS, says: “We at the Property Redress Scheme are pleased to support PEAS as we share the same objective of increasing standards in the property industry and providing consumers with suitable redress if they have an issue with a provider of a service”.

For more information about PEAS or the Property Investors Bureau, email on info@pibuk.org or call on 01206 700 123.

©1999 - Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® - BREAKING: Leading property educators gather to launch self-regulation scheme | LandlordZONE.

Source : Landlord Zone More   

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