HMO FAQ
Is my property a HMO?
There are 5 different types of HMO specified in the Housing Act 2004, in addition to differing definitions used by different departments for Licensing under the Housing Act 2004, Planning under the Town and Country Planning Act 1990, Council Tax liability and Council Tax valuation under the Local Government Finance Act 1992.
The different definitions of a HMO under the Housing Act 2004 are dealt with in the section ‘What is a HMO’
I completely disagree with the hazard calculations the local authority has arrived at. What can I do?
Despite appearances to the contrary the HHSRS is not a scientific exercise. It is a value judgment exercised by an Environmental Health Officer and the application of that judgment processed through a mathematical mincing machine. It is possible to challenge the findings made and you should seek early advice if that is what you want to do.
I have been served with a ‘minded-to’ letter. What should I do?
A minded-to letter is sent by a local authority where a hazard which is not severe has been identified and the local authority wants to give the property owner an opportunity to deal with the concerns raised.
You should never ignore such a letter in the hope that it will disappear. The first thing you should do is acknowledge it. You should then ask for details of the calculations and how the assessment was arrived at by the Environmental Health Officer. From then on, It is an opportunity to start negotiating with the council to see how best to meet their concerns in a manner, timetable and budget that also suits you.
Unlike other formal notices or orders, the local authority cannot seek to recover the cost of sending a minded-to letter from you so it is worth bearing this in mind.
If you would like cost-effective assistance with drafting a letter please contact us on 0207 404 1147.
The Local Authority is trying to charge me for enforcement action work, can they do that?
To an extent. They can levy reasonable charges and recover expenses for serving an improvement notice, making an (emergency) prohibition order, serving a hazard awareness notice, taking emergency remedial action, making a demolition order and for any annual review that has been necessary.
The recoverable expenses are those incurred in determining whether to serve a notice/order or whether to take action, the service of a notice/order and with HANs or improvement notices, the cost of identifying the necessary works.
Once a demand for the recovery of expenses has been served, the person served has 21 days to appeal, at the end of which the demand becomes operative. When this happens, interest begins to accrue and the expenses and recovery become a local land charge and the local authority has a power of sale.
So do not ignore this. We are here to help and advise so if you find yourself in this situation and disagree with the demand call on 0207 404 1147.
There are 5 different types of HMO specified in the Housing Act 2004, in addition to differing definitions used by different departments for Licensing under the Housing Act 2004, Planning under the Town and Country Planning Act 1990, Council Tax liability and Council Tax valuation under the Local Government Finance Act 1992.
The different definitions of a HMO under the Housing Act 2004 are dealt with in the section ‘What is a HMO’
I completely disagree with the hazard calculations the local authority has arrived at. What can I do?
Despite appearances to the contrary the HHSRS is not a scientific exercise. It is a value judgment exercised by an Environmental Health Officer and the application of that judgment processed through a mathematical mincing machine. It is possible to challenge the findings made and you should seek early advice if that is what you want to do.
I have been served with a ‘minded-to’ letter. What should I do?
A minded-to letter is sent by a local authority where a hazard which is not severe has been identified and the local authority wants to give the property owner an opportunity to deal with the concerns raised.
You should never ignore such a letter in the hope that it will disappear. The first thing you should do is acknowledge it. You should then ask for details of the calculations and how the assessment was arrived at by the Environmental Health Officer. From then on, It is an opportunity to start negotiating with the council to see how best to meet their concerns in a manner, timetable and budget that also suits you.
Unlike other formal notices or orders, the local authority cannot seek to recover the cost of sending a minded-to letter from you so it is worth bearing this in mind.
If you would like cost-effective assistance with drafting a letter please contact us on 0207 404 1147.
The Local Authority is trying to charge me for enforcement action work, can they do that?
To an extent. They can levy reasonable charges and recover expenses for serving an improvement notice, making an (emergency) prohibition order, serving a hazard awareness notice, taking emergency remedial action, making a demolition order and for any annual review that has been necessary.
The recoverable expenses are those incurred in determining whether to serve a notice/order or whether to take action, the service of a notice/order and with HANs or improvement notices, the cost of identifying the necessary works.
Once a demand for the recovery of expenses has been served, the person served has 21 days to appeal, at the end of which the demand becomes operative. When this happens, interest begins to accrue and the expenses and recovery become a local land charge and the local authority has a power of sale.
So do not ignore this. We are here to help and advise so if you find yourself in this situation and disagree with the demand call on 0207 404 1147.