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Worldlife
15-07-2006, 08:50 AM
South Tynside MBC took control of a rented house after a landlord tried to evict his tenants rather than license the property. Under the Housing Act 2004, high-risk houses in multiple occupation must be licensed. Landlords are not allowed to evict people in order to escape licensing.

Environmental Health Officers discovered the landlord was trying to throw out his tenants when one contacted the council for re-housing because he had been asked to leave within four days.

The officers took control of the house with an interim management order as they couldn't trace the owner.

Interim management orders allow councils to temporarily take control of dwellings in order to improve conditions with the landlord.

The power to prosecute landlords who fail to license high risk houses in multiple occupation came into force last week. Landlords who fail to license HMOs face fines up to £20,000.

Councils can seek an order for repayment of up to 12 months housing benefit if properties remain unlicensed. Tenants can also seek an order for recovery of rent.

The government defines a high-risk house in multiple occupation as a building of a least three storeys, housing at least five people.

But councils have a discretionary power to license other types of HMO's by designating areas within their district for additional licensing.

Extracted from Environmental Health News - Vol 21 no 27 14th July 2006

Worldlife
01-08-2006, 12:56 PM
Landlords are not allowed to evict people in order to escape licensing.

In this case the eviction was obviously illegal because the tenant had been asked to leave within four days.

Wondering if the position would have been different if a valid notice of possession had been issued. If a property has been in multiple occupation and a sequence of valid notices issued to gain possession surely that could indicate the landlord was evicting people to escape licensing.