Offences
You could commit an offence if you:
- Own a property that is an House in Multiple occupation (HMO)
and is unlicensed. Penalty: Prosecution with fines
of up to £20,000
- Permit more than an agreed number of people or households to
live in the property. Penalty: Prosecution with
fines up to £20,000
- Breach any of the other conditions attached to the licence.
Penalty: Prosecution with fines up to £5000
for each condition breached
Other penalties
- If you collect rent for a property that does not have a licence
and should have one. Penalty: A Rent Repayment
Order may be issued by the Residential Property Tribunal. The
landlord will be required to pay back all rents received whilst the
property operated without a licence. Rent repayment Orders may be
applied for by the Council to recover Housing Benefit and/or by the
tenants to recover any payments made.
- If you have tenants in a property that does not have a licence,
but should have. Penalty: The right to evict tenants is suspended
until a licence has been obtained.
Other points to note:
A licence is granted for up to 5 years but it can be granted
less in certain circumstances.
The Council may revoke (cancel) a licence, or the licence holder
may apply to have the licence revoked.
Reasons for revoking a licence:
- House is no longer an House in Multiple Occupation (HMO)
- Licence holder changes.
- Any other change in circumstances
- Where there has been a serious breach of a condition or
repeated breaches.
- Where the licence holder is no longer suitable to hold the
licence
- Where the management is no longer satisfactory.
- Where the HMO is no longer suitable to be an HMO.
The Council may vary (change) a licence or the licence holder
may apply to have the licence changed for the following
reasons:
- Following an inspection of the property there is a need to
change the licence conditions
- There is a change to the information provided on the
application form
- Where there is a change to the legislation and the standards
associated with it.
Did you know?
There may be financial assistance available for installing fire
alarm systems within HMOs requiring a licence. Please contact the
Housing Improvement Team for further details.
Appeals
Any decisions made by the Council will be given to you in
writing.
You will be given the opportunity to appeal against any
decisions made.
Any appeal must be made to the Residential Property
Tribunal.