Are there penalties in relation to HMOs and Licensing?
It is an offence if the landlord or person in control of the property:
- fails to apply for a Licence for a licensable property
- allows a property to be occupied by more people than are permitted under the Licence
- breaches a condition of the licence
- breaches a regulation set out in the Management Regulations for HMOs
An unlimited fine can now be imposed for failing to apply for a licence. In addition, breaches of any of the Licence conditions or Management Regulations can result in fines of up to £5,000 (Level 5 on the standard scale).
Rent repayment orders
A tenant living in a property that should have been licensed, but was not, can apply to the Residential Property Tribunal to claim back any rent they have paid during the unlicensed period (up to a limit of 12 months). Councils can also reclaim any housing benefit that has been paid during the time the property was without a licence.
Restrictions on termination of tenancies
Tenants living in a property that should have been licensed, but was not, cannot be evicted by serving a section 21, Housing Act 1988 Notice, until such time as the HMO is licensed or a Management Order is in place.
Houses in Multiple Occupation
- Report an empty home
- Report a rogue Landlord
- HMO enquiries
- Report housing disrepair
- I need landlord advice
- Report nuisance from another property
Got a question about housing and homes?01424 451100
CommentsThe content on this page is the responsibility of our Housing team.