HMO Prosecutions
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UK law dictates Landlords’ duties to their tenants. If your local housing authority contacts you about your actions, seeking legal advice and support is vital to protecting yourself from the stress and expense of fines and Rent Repayment Orders.
Luckily, our solicitors are litigation experts and regularly help clients with HMO prosecutions. After comprehensively breaking down every facet of your case, we defend you in court to protect your interests and ensure you can continue renting your property.
What is an HMO?
In British Housing Law, HMO stands for Houses in Multiple Occupation. These rental properties have at least three tenants that form more than one household and share bathroom, toilet or kitchen facilities. If you have five or more tenants in the same situation, your property is a large HMO.
Privately owned student accommodation can be an HMO, although accommodation owned by a university or another education provider cannot.
A household is defined as either a single person or a family, including married or living together couples, relatives such as grandparents, aunts and uncles or step-parents and step-children.
HMO Offences
There are five typical offences that landlords can commit.
1. Breaching Management Regulations
HMO landlords must follow strict regulations established by the Management of HMOs (England) Regulations 2006. They cover safety measures, facilities and amenities and property maintenance.
Under the Housing Act 2004, Section 234 (3), breaching these regulations is a criminal offence.
2. Illegal Evictions
If you need to evict tenants, you must follow the legal processes established by The Protection from Eviction Act 1977. Failure to comply is unlawful and you may be prosecuted.
3. Statutory Overcrowding
The Housing Act 1985 establishes two standards that determine whether a house is overcrowded:
The Room Standard
Two people of the opposite sex that are not a couple cannot be forced to share a room, excluding children under ten years old.
The Space Standard
You must have enough rooms to live in, and the rooms must be large enough based on the number of residents in each room and their floor plan. A room for one adult must be at least 8.37m2, and no more than two people can share a room.
4. Licensing Scheme Offences
To own a large HMO, you need a licence from your local council. When granting this licence, a council officer will visit and assess the property to ensure that it meets the housing standards.
Landlord licensing is at the discretion of your local authority. They may rule that all HMOs need a licence, so you should check before renting your property.
5. Harassment
Harassment of the resident occupier is a criminal offence under The Protection from Eviction Act 1977. A landlord or agent, intent on committing a crime, may not act in any way that is likely to disturb the peace of the resident or members of their household. They also may not withhold or withdraw services required to make the property a suitable residence.
However, the Act also gives the landlord a statutory defence: if the charged individual had reasonable grounds to act or withhold the services in question.
Penalties for HMO Offences
The available penalties for HMO offences include fines and Rent Repayment Orders that can dramatically impact you, so you should always seek legal advice before acting. What’s more, you may be barred from registering HMOs in the future, and your business’s reputation may suffer.
How We Can Help
HMO prosecutions are expensive and stressful, especially without legal expertise. When your livelihood is on the line, you need reliable specialists to resolve the matter. Our team will analyse the timeline of the alleged incident, noting your actions and legal responsibilities to identify the strength of the prosecution and structure a bulletproof defence.
Then, our regulatory team represents you. We have years of experience inside and outside of court to protect your interests effectively. You do not need to worry about anything; we will even help you provide a witness statement and prepare you for cross-examination.
Meet Our Team
We have solicitors and litigation experts in-house to manage HMO prosecutions, allowing us to represent you in settlement and court hearings. Discover our profiles to learn more about our qualifications, experience and specialisms.
Why Choose Witan?
We have all the necessary expertise to break down your HMO issues and establish a winning case. Our team specialises in litigation and has repeatedly proven its ability before a judge and jury. By instructing us, you receive impressive representation that has helped dozens of previous clients fight and win their cases.
You benefit from:
- A Legal 500 recognised law firm assisting clients since 1986
- Jargon-free practical advice
- Litigation Experts
- Offices in London, Birmingham and Northampton
Get Support with HMO Prosecutions
If you face an HMO prosecution or want to raise one against your landlord, contact our solicitors today. We will arrange a free in-person or telephone appraisal to learn about your situation and assess your case.
What happens if a landlord breaches HMO regulations?
Breaching HMO regulations is a criminal offence, and landlords that do so can face fines, Rent Repayment Orders or Banning Orders prohibiting them from renting properties.
What is the penalty for not having an HMO licence?
Not having an HMO licence is a criminal offence; you can be prosecuted for it and face fines or Rent Repayment Orders. The court may bar you from registering new HMOs as well.
What are the legal rights of HMO tenants?
Your landlord must meet the HMO regulatory standards, including adequate space, facilities and maintenance. If the property does not meet these standards, you can take legal action against them.
What is the UK Housing Act of 2004?
The Housing Act 2004 is a piece of legislation establishing health and safety requirements for housing in England and Wales.
Who enforces Housing Law in the UK?
Local authorities and their health officers use the Housing Health and Safety Rating System to enforce Housing Law standards in the UK.
What does HMO mean in UK Housing Law?
HMO stands for Houses in Multiple Occupation.
What type of property constitutes an HMO?
An HMO is a rented property containing three or more tenants in at least two different households that share bathroom, toilet and kitchen facilities. A household is either a single person, a couple, relatives, or step-parents and step-children. Any HMO with five or more tenants from different households is classed as a large HMO.
Private student accommodation can be an HMO, whereas accommodation owned by universities or educational institutions is not an HMO.
What properties need an HMO licence?
All large HMOs need a licence from the local authority, although some councils require licences for small HMOs as well.
What is a Notice of Intent when imposing a Financial Penalty?
When they want to impose a financial penalty on a landlord, the local authority must first issue a Notice of Intent that defines the penalty amount, its reasons and information on seeking representation. It provides 28 days for representatives to meet.
What is a Final Notice for a Financial Penalty?
After the accused landlord and the local authority have concluded representations regarding the financial penalty, the local authority may issue a final notice to enforce it. It gives the landlord 28 days to pay and should cover the amount, the reasons behind the penalty, the payment period, the right to appeal and the consequences of failing to pay.
Can you be prosecuted for an offence after a civil penalty is issued?
No, you cannot be prosecuted for an offence once the local authority has issued you a civil penalty for it.
How does a local housing authority choose the appropriate civil penalty?
Every local authority must have guidelines for issuing a civil penalty. They should assess each case individually and then decide on the appropriate action based on their previous rulings and guidance.
Qarrar Somji
Solicitor-Advocate
Qarrar qualified as a Solicitor Advocate in 2014 having previously had experience in a varying range of litigation roles.
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