Council issued me with notice of HMO declaration.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Council issued me with notice of HMO declaration.

    Hi,
    The council inspected my property and issued me a notice of HMO declaration before I could reply to their letter asking me for more information.
    Has anyone experienced this? I do not want my house to be HMO. I am willing to give notice to the current tenants and put a smaller family or even sell the property..
    When council came they interviewed one of the tenants, I am not sure what other evidence they have.
    Your help would be much appreciated.

    #2
    • You need to give the members more information.
    • is it one house with tenants in. ?
    • one house with 2 unrelated set of tenants. etc ?
    • a house made into flats, if so how many flats and how many of those let ?

    Comment


      #3
      Cousins? That I doubt.. Councils are after the HMO fees

      Comment


        #4
        Me, I would be writing to the Council saying that people other than those on the tenancy agreement are unknown to you and are not authorised to stay in your house ( Copy of tenancy agreement enclosed ) stating that this is your house you may eventually move back into and no way do you want it to be an HMO on yiour return, and that you will ensure the illegal tenants will be removed as soon as possible / permissable under curent covid restrictions.

        You need to tell the legal tenants that their cousins must leave as you ony want the original tenants in there, and if you wanted a full house. you would have advertised it as such with doublre the rent. and that it is clear that the tenants wanted fre rent for their so called tenants, and that is not going to continue ( DO NOT accept any rent from illegal tenants )

        Tell them if the illegal tenants are not out within 3 weeks, you will evict everyone.

        Above may all sound like bluff due to legal proceedurs you may have to go thriugh, but I can assure you, unless you visit. ( give them 48 hours notice ( not 24 ) and tell them above, face to face. - but being calm as well.
        Me, I would be looking at every illegal and say, you do not have my permission to live here, so you have to leave, and do thet to all of them.

        Unfortunately, tenants can have guests, ( don't tell them that ) but if that makes your house an HMO, the offending persons have to leave.

        Take someone with you, do not go alone, and preferably 2 men, as some religions hate women, and ignore them.


        Comment


          #5
          The Council may choose to believe that you are either colluding with the tenant in creating an unlicensed HMO or at best, turning a blind eye to the tenant's activities. Unless you have a proper defence to this, you will be unlikely to just wash your hands of this. I suggest you contact a housing solicitor to see whether you do have any defence.

          Comment


            #6
            The tenants have done you over and as said above you need to take charge of this now and get the '' others '' out of the place, after that i would be inclined to get rid of the tenants anyway (if this current mad ban ends) as all trust has been lost and i could not rely upon them in the future to pull some other scam.

            Comment


              #7
              Originally posted by Alie7
              For them to immediately give me notice of hmo declaration would suggest they have strong evidence of hmo.
              You have evidence of it being used as a HMO- you need to accept this and seriously consider taking the advice above. My experience tells me if you try to ignore or outwit the Local Authority they will keep coming after you.

              Comment


                #8
                If I say? Sounds a bit iffy. Just treat this seriously and honestly, support implementation of the law.

                Do you have documented records of all your previous inspections? (I get them emailed by one agent, know other agent has their records)

                NB. Inspections only legal right is to check they property (condition, facilities, repairs) is ok for tenants. Not for landlord to check up how tenant is living. They can keep coal in the bath as long as property returned ok when they leave.
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  You may well have a defence, but given that the Council can interview you under caution and then use the evidence against you in court, it would make sense to speak to a solicitor to determine the best response.

                  Comment


                    #10
                    What was the reason for the council to come and inspect the property? Did anyone complain or report your tenants?

                    Comment


                      #11
                      I think the councils nowadays are coming round if they have too many people signing on giving the same address. My advice: upgrade to HMO standards without accepting that you have created an HMO because the penalties for operating a non compliant HMO are penal.

                      Comment


                        #12
                        Originally posted by flyingfreehold View Post
                        I think the councils nowadays are coming round if they have too many people signing on giving the same address. My advice: upgrade to HMO standards without accepting that you have created an HMO because the penalties for operating a non compliant HMO are penal.
                        Oh interesting!!

                        Comment


                          #13
                          Originally posted by ldn1702 View Post

                          Oh interesting!!
                          Up to £30,000 fine and rent repayment order interesting. You will not be able to rely on a 'reasonable excuse' defence as the council have specifically told you to licence the property. Here's a link Shelter Legal England - Sanctions for letting an unlicensed HMO or breaching licence conditions

                          We do not have any details about the property but it's not difficult to tell if it is being used as a HMO as opposed to family house - the mattresses in each room are a giveaway.

                          Comment


                            #14
                            Originally posted by AlexR View Post
                            Up to £30,000 fine
                            I believe the fine is actually unlimited, but Councils prefer to use penalties, which are capped at £30k.

                            Comment

                            Latest Activity

                            Collapse

                            Working...
                            X