Karol Hart, from our specialist HMO team, represented a landlord client in a complex case concerning the intricacies of HMO law. Karol argued before the First Tier Tribunal (Property Chamber) and the Upper Tribunal (Lands Chamber) that the local authority had not secured enough evidence to find Mr O’Halloran guilty of Failing to Licence an HMO under Section 72(1) of the Housing Act 2004.
A Civil Financial Penalty Final Notice had alleged that the offence had been committed as there were 5 individuals at an unlicensed property. It was argued on behalf of the landlord that the evidence was lacking to prove the alleged essential element of the offence, that the 5 people at the property occupied it as their only or main residence. In the alternative, it was argued that the Civil Financial Penalty was too high. The First Tier Tribunal (Property Chamber) found enough evidence to conclude the property was licensable but agreed that the penalty was too high and reduced it from £15,000 to £7,500.
The matter was appealed to the Upper Tribunal (Lands Chamber), which dealt with the case based on the evidence and submissions provided by both parties. Whilst they found that they could “only rarely interfere with a finding of fact made by the First Tier Tribunal,” they concluded that they must in this appeal due to the weakness of the evidence surrounding ‘ only or main residence’. The appeal was allowed, and the client, therefore, did not have to pay a Civil Financial Penalty at all.
Civil Financial Penalties can be made where the following offences can be proved
- Any offence contrary to Section 72 of the Housing Act 2004;
- Any offence contrary to Section 95 of the Housing Act 2004;
- Failure to comply with an improvement notice contrary to Section 30 of the Housing Act 2004;
- Failure to comply with a Prohibition Order contrary to Section 32 of the Housing Act 2004;
- Failure to Comply with an overcrowding notice contrary to Section 139(7) of the Housing Act 2004; and
- Failure to comply with the management regulations in respect of HMOs contrary to Section 234 of the Housing Act 2004.
This case highlights the necessity of engaging experienced representatives in these types of cases at the earliest opportunity.
How can we help?
Freemans Solicitors are a leading provider of HMO advice, and our experienced team will be happy to help with your enquiry. Contact Michael Field, Karol Hart, or Julian Hunt in our Crime Team on 020 7935 3522 or hmolawyers@freemanssolicitors.net. We can advise on investigations, diversion from prosecution, prosecutions of HMO Offences, and as well as ancillary matters, such as Rent Repayment Orders.