Unknowing HMO law breaking

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  • jpkeates
    replied
    Assuming you meant "not for non licensable HMO's", you are wrong.
    Not complying with HMO regulations can result in fines.

    Leave a comment:


  • bobwilson54
    replied
    Originally posted by jpkeates View Post
    It hasn't become an HMO, it always was one.
    3 tenants in two households is an HMO - and unless the local authority has a very unusual policy, the increase to 4 isn't going to change anything.
    If there's an additional licensing scheme in place, it would have always applied.
    maybe so but there are fines in place for licensable HMOs (5 people or more) but for non licensable HMOs.

    Leave a comment:


  • jpkeates
    replied
    It hasn't become an HMO, it always was one.
    3 tenants in two households is an HMO - and unless the local authority has a very unusual policy, the increase to 4 isn't going to change anything.
    If there's an additional licensing scheme in place, it would have always applied.

    Leave a comment:


  • leaseholder64
    replied
    I'd say the big questions here are:

    - did you detect the situation as soon as a competent manager of an HMO should done?

    - have you acted expediently, and to the limits of your powers, to rectify the situation?

    - should you have expected this to happen?

    Leave a comment:


  • theartfullodger
    replied
    A landlord may be liable (fines, criminal offence..) if there is statutory overcrowding he knows about (you clearly know there are too many people there..) and he hasn't done anything sensible about it.

    You should serve s8g12 TODAY & an s21 if it would be valid. And contact the council informing them of what is happening so they don't decide to come after you. And write to tenants instructing them they must cease and desist from breaking contract over this matter.

    I'd be inclined to verbally inform tenants that you are informing tax-man & benefits agencies of their extra income - unless they sort it out within 5 days. Grass 'em up anyway, it's easy.

    How often to you/agent make inspections resulting in written reports, please?

    Leave a comment:


  • AndrewDod
    replied
    This is the reason not to let to anyone where it looks like the property could conceivably become HMO. Cuts out a lot of perfectly good tenants who have to find somewhere else to stay.

    They are related but the key question is are they having sex and sleeping in the same bed. The government wants to know who is sleeping with who, so you should send the relevant questionnaires. If it's a nightly orgy you should be fine.

    Leave a comment:


  • DPT57
    replied
    If the tenants have made it licensable then I think that in theory they would have the liability, but this may not stop the additional tenants aiming a Rent Repayment Order in your direction. You may also find that your insurance is invalid and that Council penalties end up affecting your property. You should apply immediately to the Council for a Temporary Exemption Notice while you evict the tenants.

    Leave a comment:


  • jpkeates
    replied
    If there are three tenants in two households, it was already an HMO.
    So you are responsible, the additional person simply makes an existing problem worse.

    It may not need a licence, but all of the basic HMO regulations apply.

    Leave a comment:


  • kgibbons8
    replied
    4 Occupants, 3 tenants but two are related, and the agreement states that there is no subletting or extra occupancies allowed

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  • jpkeates
    replied
    How many occupants are there?
    How many of them are tenants?
    What does their tenancy agreement(s) say about other occupants / subletting?

    Leave a comment:


  • kgibbons8
    started a topic Unknowing HMO law breaking

    Unknowing HMO law breaking

    Hi,

    If I am renting out an unlicensed HMO property and there is a greater amount of people living there than allowed. But this is not to mine or the estate agent's knowledge, who would be culpable and would any consequences be on the tenants

    Thank you

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