Every landlord has heard stories about heavy-handed enforcement. It is much rarer to see clear, documented wins where a council decision is overturned or criticised. The two cases below show it does happen. Both are recent, both are credible, and both contain practical lessons for the rest of us.
Case One: Ombudsman raps council over eviction advice
Sefton Council was criticised by the Local Government and Social Care Ombudsman for giving a tenant incorrect advice about staying put during an eviction process. The Ombudsman found that the council failed to consider whether it was reasonable for the tenant to remain and that delays and poor handling led to unnecessary legal and bailiff costs for the landlord. Read the summary via LandlordZONE here: landlord wins legal fight over council’s poor eviction advice.
Why it matters: if an authority gives misleading guidance, it can escalate conflict and increase costs. This ruling reinforces the principle that councils must handle homelessness and eviction cases correctly, and that landlords can seek redress when poor advice causes loss.
Case Two: HMO penalty overturned on the facts
A Cornish landlord successfully appealed an HMO licence penalty after disputing the number of occupants. The case turned on evidence about who actually lived at the property. Coverage here: “rare” legal victory over incorrect HMO classification, and a legal write-up with additional detail here: Local Government Lawyer.
Why it matters: HMO penalties are not automatic. They depend on facts that can be tested. If the evidence does not support the alleged number of occupants, penalties can be overturned.
Practical takeaways for landlords
- Keep a clean paper trail. Tenancy schedules, inspection notes, and correspondence timelines can be decisive when facts are disputed.
- Challenge inaccurate decisions promptly. Use the council’s complaint route, then the Ombudsman or tribunal where appropriate.
- Focus on evidence, not emotion. Headcounts, occupancy proof, and dates carry more weight than opinion.
Your experience
Have you won an appeal or had a penalty withdrawn, or do you feel a council has treated you unfairly?
Please share the facts below.
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