The professional landlord sector has long faced the intricate web of compliance obligations that accompany residential property letting in England.

Yet, even the most diligent investors continue to encounter evolving enforcement risks - many of which stem not from deliberate wrongdoing, but from the ever expanding scope of legislation, regulatory mishaps by advisors, or unforeseen interpretations of law.

Recent casework at Landlord Licensing & Defence has highlighted at least nine common legal traps encountered by landlords - each carrying financial, reputational, or even criminal consequences.

These are not hypothetical scenarios but real-world examples derived from active defence work and tribunal proceedings. Understanding them is vital to protecting portfolios and ensuring operational resilience.

Rent Repayment Orders and when the Tenants Play Amateur Lawyer
The Rent Repayment Order regime, now in its eighth year, remains one of the most misunderstood aspects of landlord enforcement. It is increasingly common for tenants often emboldened by online resources or incomplete legal understanding to assert that non-compliance with licensing obligations nullifies rental liability.

In one recent case, a tenant with legal qualifications (albeit outside property law) attempted precisely that, arguing that the absence of a licence rendered the rent unenforceable and arrears non-existent. This position was fundamentally incorrect and readily rebutted. Case law such as Awad v Hooley ([2021] UKUT 55 (LC)) provides clarity: rent paid must first be applied to the oldest arrears unless otherwise directed by the tenant.