Local authority HMO notice

TJ27

Blimey, I used to serve S372 HA85 notices but haven't done so for about a year now. They're way out of date and are no longer enforceable. Is this a notice which was served recently? I would hope not, otherwise your council need to be told that they are operating under the old system.

The S372 notice was used to deal with management issues. Interestingly there is no similar notice available now. However, it is possible to simply write a letter to the landlord instead of a notice. It is even possible to go straight to prosecution without writing a letter if the offence is serious enough. In fact that's exactly what we're doing regarding one property this Friday I believe.

TJ27

By the way, that link in post number 2 is outdated too, so please don't take any notice of it. There is an updated fact sheet on the Cardiff website though. http://www.cardiff.gov.uk/content.asp?nav=2867%2C3424%2C5082%2C4942&parent_directory_id=2865&positioning_article_id=&language=&sortkey=

There are several information sheets on the right hand side. Bear in mind that we're in Wales and one or two bits of the legislation are different, but only very slightly.

matto

prudryden wrote: »

I have in my little hand a letter from my council (London) stating substantially that my building is exempt, but that I am to notify them if an additional unrelated person moves in to flat 3. I got this letter only after finally getting to the head man.
I guess all councils are different.

Does this exemption relate to mandatory HMO licensing?

red40

TJ27 wrote: »

They're way out of date and are no longer enforceable. Is this a notice which was served recently? I would hope not, otherwise your council need to be told that they are operating under the old system.

TJ it maybe different in Wales with regards section 372 notices under the 85 Act, but they are still being used and are still enforceable by local authorities in England.

Section 369 (the management code) of the 85 Act hasn't yet been repelled by the commencement order and therefore 'The Housing (Management of Houses in Multiple Occupation) Regulations 1990' still apply to HMO's that are section 257 certain converted blocks of flats.

The new standards for section 257 HMO's are expected as of the 1st October 2007, and until such times the existing SI should be used, for the purposes of management

So the council are correct to issue a section 372 notice for the purposes of a HMO that consists of entirely self contained flats.

TJ27

Ah, I see. Fair enough.

It's not unusual for Wales to bring in the same laws as England but a bit earlier. Last night I went to see Paul Weller in Newport. He was smoking on stage. It'll probably be in the Echo tonight that he's going to be fined. The smoking ban in pubic places came in a few months ago!