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Landlord Prosecution Story
TJ27
Posts: 741 Forumite
Yesterday a colleague of mine prosecuted a landlord who had failed to licence his licensable HMO. He pleaded guilty and was fined two and a half grand, plus various costs and of course he still has to get his licence or face being taken to court again. That's probably not a great big deal to him, although the fact that he now has a criminal record might cause him some problems I guess. He also still has to upgrade his house, which is going to cost several thousand.
However, and this might be of interest to some of you guys, his tenants are now able to apply for a rental repayment order. This means that his tenants may well be able to reclaim some of their rent, or even all of it, for the last twelve months. We've estimated that this might well cost the landlord about fourteen thousand pounds. Money which he will have to pay back to his tenants. I'll let you know if anything comes of it but I believe that they are in an extremely strong position.
So if you're in a non licensed but licensable HMO, it could be very much in your interest to have a chat with the council.
However, and this might be of interest to some of you guys, his tenants are now able to apply for a rental repayment order. This means that his tenants may well be able to reclaim some of their rent, or even all of it, for the last twelve months. We've estimated that this might well cost the landlord about fourteen thousand pounds. Money which he will have to pay back to his tenants. I'll let you know if anything comes of it but I believe that they are in an extremely strong position.
So if you're in a non licensed but licensable HMO, it could be very much in your interest to have a chat with the council.
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Comments
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What is a HMO?[/COLOR]With a Lemon, Make a Lemonade0
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House with Multiple Occupancy.The truth may be out there, but the lies are inside your head. Terry Pratchett
http.thisisnotalink.cöm0 -
What is a HMO?
Ah, perhaps I should clarify.
In general, a mandatory licensable HMO is a three storey (or more) shared house which is occupied by five or more unrelated people. Where I am this is typically a three storey student house, or one occupied by young professionals. A loft extension does count as a third storey. A basement does not count as a storey, unless it's habitable.
There are other licensable houses but the above covers most situations. In some areas two storey houses are also licensable.0 -
It's rather Kafkaesque but doesn't he have to be something like a "fit and proper" person to have an HMO licence and preferably not have a criminal record for an offence related to renting and property?Yesterday a colleague of mine prosecuted a landlord who had failed to licence his licensable HMO. He pleaded guilty and was fined two and a half grand, plus various costs and of course he still has to get his licence or face being taken to court again. That's probably not a great big deal to him, although the fact that he now has a criminal record might cause him some problems I guess.....A house isn't a home without a cat.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.0 -
There are 10 types of people in this world. Those who understand binary and those that don't.0
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None of the above, IIRCGorgeous_George wrote: »A house isn't a home without a cat.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.0 -
BobProperty wrote: »It's rather Kafkaesque but doesn't he have to be something like a "fit and proper" person to have an HMO licence and preferably not have a criminal record for an offence related to renting and property?
You're absolutely correct Bob. The prosecution may in itself affect his ability to obtain a licence. We will have to take the conviction into account and he may now be refused his licence under the F&P criteria. Having a criminal record does not automatically mean that you won't get a licence though.0 -
Gorgeous_George wrote: »
We were preparing a press release today and we'll make sure that the conviction is well publicised locally. That Reading one is fairly similar to ours. (Note the sentence about reclaiming the rent.)
Possibly the most interesting thing to come out of this will be whether the tenants have any success recovering the fourteen thousand pounds or so in rent. They are certainly intending to try and I would not be at all surprised if they manage to do so.0 -
""Having a criminal record does not automatically mean that you won't get a licence though.""
the HMO license is granted to the person managing (as opposed to owning) the property - he will no doubt get a lackey to pretend to be his lettings manager and carry on as before0 -
How would people know or find out if the HMO they are in is licensed?0
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