HMO Landlords Making Your Life Easier
Chances are that if you are reading this page you own property in London. You might be a landlord who owns several properties and this isn’t your first property. Hence you could easily be renting lots of rooms in your property to different people. This is quite common in London. Are you completely sure of the HMO Licencing laws and Selective License conditions. I can assist and advise you through this application process. Selective licencing has been introduced in 8 London boroughs.
This in essence gives councils wider powers to implement selective licencing in areas with a higher proportion of rented accommodation. If you have 2 or more unrelated people living in it whilst sharing basic amenities and at least one person paying rent then that property is defined as a HMO.Most Landlords are being robustly prosecuted by the London Boroughs, and in most cases the fines are in millions. Most of the issues arising in criminal prosecutions is over who is managing an HMO? This is defined as the owner or lessee of the premises who receives rent from persons who are in occupation as tenants.
It also includes those landlords who have entered into an agreement with another person who isn’t an owner or lessee of the property and that other person receives the rent on their behalf as an agent.
It is your responsibility to ensure that there are in place satisfactory management arrangements and satisfactory standards of management are observed. The regulations impose duties on the person managing the house in respect of repair, maintenance, cleanliness and good order of the house including facilities and equipment in it. It is a defence if you can prove in any proceedings that you had a reasonable excuse for having control of or managing the house defined as a HMO, or permitting the person to occupy the house, or for failing to comply with the conditions.
In relation to breaching the regulations in respect of the management of the premises it is a defence if you can prove that you have a reasonable excuse for not complying with the regulations.
To be a landlord imposes onerous obligations and responsibilities as set out in the Housing Act 2004.If you are relying on reasonable excuse to shift responsibility to an agent we are in a position to advise you before you are prosecuted to ensure that the management responsibilities would comply with the Housing Act 2004.
This is particularly important in the case of selective licences. Hence landlords bear in mind the regulations and the Housing Act is designed to protect tenants and I have expertise in advising landlords to ensure you do not breach it.If you have been asked to attend court please get in touch. These are not civil proceedings but criminal proceedings.
You will be asked to attend the Magistrates court and your case can be sent to the Crown court particularly if the Local authority is arguing that confiscation proceedings apply in your case.