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SAWNOAK
09-08-2008, 07:07 AM
A friend has asked me to put the following legal question to LZ.

About five months ago my friend had the licence of his HMO suspended by the Local Authority, the grounds given for this action were to do with the fire alarm. These alarm problems have now been put right, but during the last five months, the tenants in two of the rooms moved out and the rooms were then re-let. By re-letting these rooms after his licence had been suspended, does this mean that he has acted unlawfully and if so, what penalties could the Local Authority impose?

red40
09-08-2008, 08:16 AM
You can only have a licence varied or revoked after it has been issued, so how has it been suspended?

If it has been revoked, then you friend has commited offences relating to HMO licensing if he/she let it out again without having a written application in. The penalties are the same as always, fine upto £20,000, rent repayment order for the time 5 or more people occupied it and possibly a management order.

This is quite an interesting point sawnoak, when thew licence was 'suspended' what did the council do? If there were 5 occupants in occupation , they should have taken the management of the property over straightaway, by means of an Interim Management Order.

SAWNOAK
09-08-2008, 13:59 PM
You will have to bear with me on this one, the info I’m getting is second hand and given over the telephone.

The owners are an elderly couple who live in a maisonette in the same three storey property. There are three separate letting rooms.

An HMO licence was issued after an inspection of the property. Some three months later, the LA contacted the landlord and said that they had not realised that at the time of the inspection that the fire alarm did not meet the required specifications and they then went on to say that the license had now been cancelled. (So it’s cancelled now, not suspended)

No management order was put on the building. But I am told that a new application for a license has since been made. The property owners are reluctant to go back to the Council to ask about the re-letting in case they drop themselves in it.




Well, I did say it was it was second hand information. So what do you think?
Re-letting, legal or not legal?

Hakies
09-08-2008, 20:56 PM
I applied for HMO and was granted a draft HMO. The full licence was not issued due to council's reservation about fire alarm. I offered to have it checked by alarm people but very friendly council lady advised me to wait until the checks are done. Once they have established what needs doing they allow you time to have the suggested work done. By the way there is a council grant available for such work and its not means test related.

RomansProperties
10-08-2008, 07:31 AM
Which area is the property in?
As different areas have different criteria for HMO's.
Also the fact that the owners live in the property and there is only 3 other letting rooms will need looking into.

For example
Property 1. (Harrogate)
Basement self contained flat.
Main House - 3 Bed sit rooms with shared bathroom and kitchen
Also a top floor slef contain studio flat.
A total of 5 people live in this property and its 4 levels.

According to Harrogate Council this needs an HMO

Property 2. (Leeds)
Ground floor 2 Bed Self contained flat with its own front door (3 People live in this)
First and second floors access via side door with 7 bedrooms and 2 kitchens.
All rooms en-suite.
A total of 10 people live in this property but because the ground floor has a seperate entrance its classed as seperate and only 7 people live on 2 floors so therefore it does not require an HMO.

I would look into the situation more as they live in the property.

Thanks

mind the gap
14-08-2008, 15:11 PM
Property 2. (Leeds)
Ground floor 2 Bed Self contained flat with its own front door (3 People live in this)
First and second floors access via side door with 7 bedrooms and 2 kitchens.
All rooms en-suite.
A total of 10 people live in this property but because the ground floor has a seperate entrance its classed as seperate and only 7 people live on 2 floors so therefore it does not require an HMO.




Leeds Council must be the most laid back in the country, then. I cannot believ that 7 people sharing on 2nd and 3rd floor of a house doesn't require an HMO licence. Is this right?

ah84
14-08-2008, 18:30 PM
building has 3 storeys hence licencsing is mandatory. ditto if 2 floors above a shop.

jeffrey
14-08-2008, 18:45 PM
Which area is the property in?
As different areas have different criteria for HMO's.
Also the fact that the owners live in the property and there is only 3 other letting rooms will need looking into.

For example
Property 1. (Harrogate)
Basement self contained flat.
Main House - 3 Bed sit rooms with shared bathroom and kitchen
Also a top floor slef contain studio flat.
A total of 5 people live in this property and its 4 levels.

According to Harrogate Council this needs an HMO

Property 2. (Leeds)
Ground floor 2 Bed Self contained flat with its own front door (3 People live in this)
First and second floors access via side door with 7 bedrooms and 2 kitchens.
All rooms en-suite.
A total of 10 people live in this property but because the ground floor has a seperate entrance its classed as seperate and only 7 people live on 2 floors so therefore it does not require an HMO.

I would look into the situation more as they live in the property.

Thanks
Was either building purpose-built as flats? That should surely make a difference.

RomansProperties
15-08-2008, 18:22 PM
Leeds Council must be the most laid back in the country, then. I cannot believ that 7 people sharing on 2nd and 3rd floor of a house doesn't require an HMO licence. Is this right?


It was origannly a 7 bed semi and its now a self contained flat on the ground floor and 7 people sharing the first and second floors.
The council told me that as it was only 2 floors then it would not require an HMO licence, even though all works have been done for an hmo and an application sent it.