Client Briefing: Local Authority Prosecutions of HMO Landlords

Local Authority prosecutions of landlords who run unlicensed HMO’s are on the rise. At Berkeley Sahota we have extensive experience of defending landlords who have received a summonsed to attend a Magistrates Court and face criminal charges including:  

·         Being a person with control or management of a Unlicensed HMO (s.61 and s.72(1) of the Housing Act 2004

·         Breaching HMO Management Regulations e.g, failing to ensure that firefighting equipment and fire alarms were maintained in good working order (Reg 4 (2) of The Management of HMOs (England) Regulations 2006 and Section 234 (3) of the Housing Act 2004.)

·         Statutory Overcrowding

·         Illegal Evictions

Berkeley Sahota have recently been instructed in a number of cases defending landlords accused of runnng unlicensed HMP's and related management breaches. Read our briefing note here.

Berkeley Sahota maintains a database of recent prosecutions - the most recent are outlined below.

Recent HMO Prosecutions

Welwyn Hatfield Council v Adeyemi Fasogbon - 23 November 2015

Private Landlord of a HMO. On inspection council officers discovered failures to check fire safety equipment, maintain fire alarms and communal areas not to be in good and clean decorative repair. Having pleaded guilty to breaches of HMO’s Regulations 2006 fines imposed of £2,000 x 6 charges with costs to pay £10,000 costs and £120 surcharge (total £22,120)

Boston Borough Council v Dr Kola Akindele and Vanessa Akindele - 20 November 2015

Unlicensed HMO. Landlords were married couple facing 26 charges including failure to licence and breaches of HMO Regulations. After trial at Skegness Magistrates' Court, both fined £3,250 for not having a HMO licence and £500 for failing to have an adequate fire detection system. In addition, they were ordered to pay £12,702 costs and £120 victim surcharge.

If your require representation in connection with a HMO summons please contact our London office.