A tribunal case has ended with fines imposed on two landlords - Nigel William Harry Hobbs and James Robert Hobbs - following an action brought by Boston council.
The case focused on violations of the Housing Act 2004 and the Management of HMO Regulations 2006.
The original penalties imposed on James Robert Hobbs for managing a HMO in breach of regulations amounted to £5,750, while Nigel William Harry Hobbs faced similar charges with penalties totalling £5,750. Additionally, Nigel William Harry Hobbs incurred a financial penalty of £10,000 for operating a HMO that required a mandatory licence without having one and £1,500 for breaching Management of HMO Regulations 2006.
Appeals against the penalties centered on whether the property was intended to be run as an HMO. Both appellants argued that the property's classification as a HMO was due to the actions of a tenant and that the regulations were not breached.
The court upheld the penalties, highlighting the seriousness of non-compliance with HMOs and their respective management regulations.
A spokesperson for Boston council says: "We welcome the court's decision to uphold the penalties for violations of HMO and management regulations. These regulations are in place to ensure the safety and well-being of tenants and to maintain standards in property management.
"It is crucial for landlords and property owners to adhere to these rules to protect the interests of residents and the community as a whole. We urge all individuals involved in property management to prioritise compliance with regulations to create safe and healthy living environments for everyone."
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More detail needed about their defence.
Why did they appeal they must know its a stitch up, ask my brother am I a rogue and Renters Reform Bill becoming law next week to Bankrupt the Private landlords good luck with that.
I don't know this case but I can imagine how this happened. Under the global HMO rule you can rent up to 4 households 4 people in a property of 2 story (ground and first floor) without an HMO license. One of the tenant's son joins her from uni during summer holiday. This makes it 5 people of 4 households and require mandatory HMO license. I found them and kicked them out. If the council raided the place before I did find them, I would be in this situation too.
Good example of how easy it is to get caught out.
What is of concern is ‘proportionality’ in fines.
Many appear to be cripplingly disproportionate.
Yes, it is because now they want to make money out of it. So they will impose what ever they can get away with.
How can you avoid this type of situation. How do you monitor who is staying? How do you 'kick out' the extra people? If you report the situation to the council, they will just fine you. What if one of the tenants sub let?
I have a house with a single tenant, I know that there is a second guy living there and I suspect that at times there may be a third one, so is that now an HMO?
Andrew,
If they are related - no. If one is a friend and other two are related -yes. Check what the local authority has defined on the website. In the past, this would not fall under an HMO. Some boroughs are introducing licensing all properties in most of their wards. Just received an email from Brent, except Wembley Park, all other wards will need a license to rent there. Merton is doing the same. So, check your council website. Croydon used to license all rented properties, that has been stopped, but they do have article 4 direction for HMO.
It’s not my understanding of the rules
Only 4 allowed as 2 households not 4 households. 3 or more a license is required, 4 or more an Additional licence required, 5 or more it’s a Mandatory licence regardless of Stories, now some Boroughs are saying only one household/ 2 Persons or you’ll need a Selective license. Families or not don’t count anymore so you are going to need a licence regardless of which one it catch all.
Probably not now, but then it was. I had spoken to both Brent and Merton to clarify before I rented too.
The way they worded it was if the property is less than 3 storey and you rent to less than 5 un related people, it doesn't need a HMO license.
Pat. less than 5 individuals is 4 individuals unrelated then an additional License is required, Regardless of Storeys they don’t count Storeys anymore, it could be just one.
Andrew 3 people is not an HMO but it still has to be licensed that’s not called a HMO its called a Selective License, a fat lot of good that’s to you, you still have to comply as if it was a HMO.
The situation for 3 people, again depending on the council, Merton were looking for PAT test, EICR and gas safe with smoke alarm in each floor and CO alarm near gas boiler and EPC. They are looking for the same for standard rental too.
I dont own any HMO's and never will. I have lived in them in the past when I was working away for short term, so they do serve a purpose. People need to travel for work.
It seems to be so easy to break the law these days and councils slap all landlords with 5 or 6 figure fines on landlords just to make money. No wonder why they are leaving the sector and the government having to pay to people in accommodation or the homeless increasing. Think I should sell all of my nice 3 bed houses and make them all bed and breakfast places and the government will love me for providing houses for the homeless. They are such hypocrites.
D Duck, you summed it up perfectly it’s the worst legislation ever to be imposed on Tenants.
Then to have the Gaul to tell them its to help them they must think that they are completely stupid.
Then as a smoke screen attack Landlord as well and tell Tenants that they can have lifetime Tenancies to convince them the art of deception as if the majority of Tenants want to stay in the same place for ever.
Ok the free living Benefit Tenants might although sometimes want a bigger place they have plenty of time for making children, other times they want a bigger place to sub-let a room on the black market I am aware of this too.
You have been lucky in Scunthorpe to have escaped until now. I have been lumbered since 2006 with umpteen licensing Schemes and renewals, following Two Jags John Prescott labour Deputy Prime Minister 2004 Act, yes it was Labours Act that is now so much abused by Tories to Cripple Landlords.
Hang on to your hats next week Parliament will be introducing the worst Recession since’29.
The home office in the shape of its protégés such as Serco, can do what it likes. Further the English goverment is becoming the countries biggest landlord !! Gove the deceitful politician is living in a very expensive government House.
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