HMO Prosecutions
Local authorities are increasingly keen to make examples of errant landlords and/or their agents and will not hesitate to prosecute unless they can be persuaded that there is no realistic chance of a conviction because the evidence is weak or it is contrary to the public interest to do so.
It is not unusual to see a number of offences prosecuted at the same time and increasingly we see fines and prosecution costs payable of around £20,000 for the simplest cases.
For this reason it is important to seek legal advice early, which can identify defences where they apply or mitigation and negotiation strategies where appropriate. Both of these would significantly reduce the total amount payable.
If the evidence is weak I will waste no time in seeking to persuade against a prosecution.
Prosecutions for HMO-related offences fall into the following categories:
There are defences available - depending on the offence it is usually one of ‘reasonable excuse’. The Court will expect to see some evidence of any defence relied upon and the onus is on the person seeking to advance it, to prove it on the balance of probabilities.
Each breach can be (and usually is) prosecuted separately. If you need advice or representation you can call us on 0207 404 1147.
The penalties for the above offences can be severe and have lasting consequences. Please go to the HMO Penalties page for more information.
It is not unusual to see a number of offences prosecuted at the same time and increasingly we see fines and prosecution costs payable of around £20,000 for the simplest cases.
For this reason it is important to seek legal advice early, which can identify defences where they apply or mitigation and negotiation strategies where appropriate. Both of these would significantly reduce the total amount payable.
If the evidence is weak I will waste no time in seeking to persuade against a prosecution.
Prosecutions for HMO-related offences fall into the following categories:
- Breaching a HMO Licence condition (all HMO Licences have conditions attached to them) - UNLIMITED FINE
- Breaching a HMO Management Regulations (the local authority will likely prosecute both the landlord and the managing agent) - UNLIMITED FINE
- Obstructing an inspection - UNLIMITED FINE
- Failing to respond to a notice seeking information - UNLIMITED FINE
- Overcrowding (max.number of occupants is specified on the HMO Licence) - UNLIMITED FINE
- Failing to obtain a licence for a licensable HMO - UNLIMITED FINE
- Failing to maintain a required standard in a licensable HMO - UNLIMITED FINE
- Failing to comply with a prohibition Order - UNLIMITED FINE
There are defences available - depending on the offence it is usually one of ‘reasonable excuse’. The Court will expect to see some evidence of any defence relied upon and the onus is on the person seeking to advance it, to prove it on the balance of probabilities.
Each breach can be (and usually is) prosecuted separately. If you need advice or representation you can call us on 0207 404 1147.
The penalties for the above offences can be severe and have lasting consequences. Please go to the HMO Penalties page for more information.