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HMO without a licence or in breach of a licence.
Under Section 72 of the Housing Act 2004, a person is considered to commit an offence if they:
● have control or management of a HMO without a licence when required to have one, or ● they fail to comply with the conditions of a licence granted.
These offences are punishable by way of an unlimited fine. We can help you establish if you have a defence of reasonable excuse for non-compliance.
Failure to comply with council managing regulations.
Under Section 234 of the Housing Act 2004, councils may impose regulations to ensure satisfactory management arrangements and standards of management are observed, for example, in respect of:
● the repair, maintenance, cleanliness and good order of the house, and ● facilities and equipment in it.
While it is an offence to breach these regulations, it is a defence to prove that you had a reasonable excuse for failing to comply.
Thanks again for all of your support in the case.
I just want to say what a wonderful job you have done not only today but throughout the whole time I have known you. I don't know where I would be without your help. My family are so grateful I have you representing me.
Do I need planning permission to rent out a HMO?
The Town and Country Planning (General Permitted Development) Order 2015 grants planning permission for a change of use from C3 single dwelling property to C4 HMO.
However, change of use of a C3 dwelling property (used by a single person or family) to C4 HMO (up to 6 unrelated individuals) will require planning permission if the council requires, having enforced an Article 4 Direction under the Town and Planning Act 1990 (amended) that removes the permitted development rights for change of use from C3 to C4. More and more councils are enforcing Article 4 Directions – particularly if there is a large number of HMOs in the area.
We can help you find out if your intended HMO use of a property requires planning permission or a licence.
Who we help.