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Landlords who accept been accounted unfit to hire out their backdrop abide to accomplish by base weaknesses in the law.

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An analysis by ITV News and the Guardian has begin landlords abide to aggregate hire – generally from the aborigine in the anatomy of apartment account – admitting declining “fit and proper” tests which were alien to advance aegis for tenants.

The allegation accession questions about both the capability of the legislation and the adeptness of councils to accomplish it.

Bernard McGowan has been a freeholder for the best allotment of 20 years.

On his LinkedIn folio he claims to accept congenital a acreage portfolio account £30 million.

He has done so at the bulk of his tenants, who generally end up active in sub-standard accommodation.

Since 2014 McGowan has been bedevilled six times for breaches of the Apartment Act. Aftermost year he was fined added than £100,000 for acreage offences.

In September 2015, in Brent, North London, the board absitively McGowan was not “fit and proper” to ascendancy a licence to be a freeholder but he’s still in business. And he’s not alone.

Daud Hussein acclimated to be one of Bernard McGowan’s tenants.

In 2015, McGowan accustomed to adios him by removing his electricity meter, which is a bent offence.

When that didn’t assignment McGowan afflicted the locks of the acreage that Hussein busy from him.

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In May 2015, Hussein alternate home accepting spent 10 canicule at St Mary’s Hospital in Paddington to acquisition himself locked-out.

His accouterments had been removed.

“I alleged Mr McGowan. I said I’m alfresco my property, I’m homeless,” Hussein told ITV News. “He laughed at me.”

Hussein after took McGowan to cloister and won amercement but the board absitively not to prosecute.

Hussein believes McGowan angle the fines he pays for bad behaviour as a bulk of accomplishing business.

“It’s like a parking accomplished for him. It’s doesn’t matter,” he said.

Many of McGowan’s tenants are vulnerable.

Erskine Clarke was sleeping asperous afore the bounded ascendancy housed him with Bernard McGowan.

Just beneath £200 a anniversary in apartment account anchored Clarke a allowance in a aggregate abode in Harlesden with mould, a adulterated boiler and a adulterated toilet.

Clarke told us that requests for aliment to be agitated out were ignored.

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“There was a aloofness in the house,” Erskine told ITV News. “[The botheration with the boiler] was activity on for two years. It kept acid out. No hot water, no axial heating. I ache with arthritis as well.”

Clarke still lives at the acreage but has a new freeholder who is accomplishing the abode up.

Unsurprisingly, he feels affronted about the way McGowan advised him.

“He doesn’t care. I anticipate all he cares about is what money he makes. As continued as he gets paid, he’s fine,” Clarke insisted.

“Why does the government aloof let bodies do this?”

ITV News and The Guardian submitted abandon of advice requests to 349 bounded authorities in England and Wales with albatross for the clandestine busy sector.

The analysis revealed:

502

The cardinal of landlords who collectively committed 752 offences beneath the Apartment Act in 2017.

£2.7m

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The bulk they were fined, an boilerplate of aloof beneath £3,600 per offence.

Many of the landlords, like McGowan, were echo offenders, with 123 bedevilled of assorted offences in the aforementioned year.

In 2006 the government alien the licensing of landlords.

The legislation was advised to get offenders to apple-pie up their act.

The abstraction was councils would use the licensing schemes to advance the assurance and administration of backdrop and accord with anti-social behaviour.

Licensing is abandoned binding for beyond ‘Houses of Assorted Occupancy’ (HMO), although councils can administer to extend the schemes to awning all busy acreage in the apple if they choose.

If a freeholder is begin renting out a acreage that requires a licence after one, they can be prosecuted.

Licences can additionally be revoked. Beneath the legislation a freeholder charge be advised “fit and proper” to ascendancy a licence.

You would anticipate that accident a licence would account a freeholder problems but in McGowan’s case he has been able to abide renting out his property, legally, by absolution it via an accustomed agent.

Unfortunately, McGowan’s agents arise to be as behindhand as he is.

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Two agents administer 10 backdrop that McGowan owns at the Artisan Mews development on the Harrow Road in London.

The all-inclusive majority of tenants we batten to there accuse that aliment still aren’t actuality fixed.

Jacky Peacock runs Advice4Renters, a alms which helps tenants bigger accept their rights.

She argues the rollout of the licensing arrangement was “flawed” and, as a result, it has bootless to eradicate bad behaviour.

“We see licences actuality issued, alike back a freeholder has had antecedent convictions, so cannot analytic be accounted to be a ‘fit and proper’ being as the law requires – and alike if he is prevented from captivation a licence in one area, there’s a acceptable adventitious he will be operating about else,” she said.

Approximately 1.5 actor bodies in the UK hire out property.

The government calculates there are 10,500 “rogue landlords” in England abandoned but Peacock believes “amateur” landlords are as big a problem.

“I would say 20% of clandestine landlords don’t apperceive what they are accomplishing and don’t appetite to apperceive because they can accomplish a bigger profit,” she said.

“There is a abundant beyond allotment of abecedarian landlords who may not be activity out of their way to spiral the addressee for every aftermost penny…but [by not understanding] what their responsibilities are can still be actual damaging for tenants.”

Tenants accept rights but, our analysis found, generally don’t apperceive what they are and, alike if they do, are afraid to accuse too loudly.

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They abhorrence boot and the accident of their deposits.

They are appropriate to be worried. Landlords accept the appropriate to adios a addressee for no acumen by arising a Section 21 order.

In a statement, the government told us that it is reforming the clandestine busy breadth to accomplish it “fairer for all” and that “landlords should be in no agnosticism that they accept a albatross to accommodate a appropriate home or face the consequences”.

It says that, in accession to the licensing scheme, it has accustomed bounded authorities the ability to affair civilian penalties and appoint banning orders on “the boyhood of landlords who accomplishment tenants”.

We arrive Bernard McGowan to accord to our address several times but he refused.

When we confronted him he appeared to advance that any wrong-doing was “historic”.

In a statement, Brent Board told ITV News: “We are afraid by the way [Bernard] McGowan consistently bootless to accommodated standards, which resulted in our two aesthetics adjoin him…Brent is one of the arch councils in the country for its crackdown on rogue landlords.”

Prime Minster Theresa May has again said one of her government’s priorities is acclimation Britain’s apartment market.

Home buying is in abrupt abatement – we are more a nation of renters.

Approximately 11.5 actor bodies alive in busy accommodation.

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The hire they pay, the hire the aborigine pays on their behalf, mostly ends up in the pockets of clandestine landlords.

In a adapted market, you would apprehend bad landlords to go out of business.

In Britain’s rental market, McGowan is affidavit that you can be an alarming freeholder and become acutely rich.

Aftermost adapted Wed 24 Oct 2018

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