The Defendant in this case was a landlord that owned a rented property in Thanet. 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. Unlicensed HMO, Housing Act 2004 s95(1), benefit , criminal conduct, Proceeds of Crime Act 2002 s76(4). 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. 3 7 The hearing took place by way of CVP Video conference on 23 February 2021 … Thanet District Council had designated the area as one in which landlords were required to apply for licences under the Housing Act 2004. criminal offence under s95(1) Housing Act 2004. 5 The hearing took place by way of CVP Video conference on 07 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 … • 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 Under the Housing Act 2004 Section 93(2)(a) the Licence may also be revoked. criminal offence under s95(1) Housing Act 2004. RD September 2013. 6 Owing to restrictions imposed during the Covid19 pandemic, the Tribunal was unable carry out a physical inspection of the property. The Supreme Court subsequently refused permission to the R v Sumal and Sons (Properties) Ltd UKSC 2013/0020, 7 May 2013. Appeal against confiscation 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. The Corporate Enforcement Policy be amended to incorporate these changes 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 … In addition, application may be made for a rent repayment order requiring the repayment of rent or housing benefit. Raised a number of novel legal arguments concerning the Proceeds of Crime Act regime, and its application to summary-only offences. I will return to this point in the findings section of this decision. 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. 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. 2. The Defendant was prosecuted for failing to obtain a licence in accordance with section 95 (1) Housing Act 2004. ‘reasonable excuse’ under s95(4) of the Housing Act 2004 (the 2004 Act). RD April 2013. 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