Not made aware HMO licence required
5:12 PM, 17th September 2014, 12 years ago
6
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My previous letting agent did not make me aware I needed an HMO licence on a property which they subsequently rented to 3 people.
It has now been picked up by the new agent and I have applied for a HMO.
Am I liable to prosecution?
Thanks
Gary
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Member Since January 2011 - Comments: 12196 - Articles: 1396
5:16 PM, 17th September 2014, About 12 years ago
Hi Gary
When YOU outsource to an agent YOU remain liable, even if the agent is negligent.
If you are prosecuted then you may have a negligence case and be able to make a claim for damages against your agent. That’s great so long as your agent has professional indemnity insurance or assets but not much comfort if he doesn’t. This is why it is so important to pick the right agent.
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Comments: 36 - Articles: 1
10:11 AM, 18th September 2014, About 12 years ago
Are you sure you need a licence? It may be an HMO but may not be an HMO that is mandatorily licensable. Check using our free HMO licensing guide: http://www.spareroom.co.uk/hmo_licensing_guide
Member Since September 2013 - Comments: 173 - Articles: 2
5:49 PM, 18th September 2014, About 12 years ago
Hi Gary,
If the Agent had full control of the property, ie they manged it for you, this it should be them who apply for the licence if it is covered by the local authority scheme.
If not then ignorance is not a defence but if you are up front and admit that you have made a mistake and do what you need to do as soon as possible, the LA will probably just let you get your licence. They have enough to do prosecuting those who are actively evading licensing.
Member Since January 2011 - Comments: 12196 - Articles: 1396
6:00 PM, 18th September 2014, About 12 years ago
Reply to the comment left by “John Daley” at “18/09/2014 – 17:49“:
Really?
I’ve heard the opposite, i.e. the authorities with additional or selective licencing prefer to target the soft options for prosecution to make their figures look good.
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Member Since September 2013 - Comments: 173 - Articles: 2
11:58 AM, 19th September 2014, About 12 years ago
Reply to the comment left by “Mark Alexander” at “18/09/2014 – 18:00“:
Hi Mark,
What evidence do you have to support that statement, which local authority and how do the numbers of prosecutions for failure to licence improve the performance figures of a local authority.
Member Since January 2011 - Comments: 12196 - Articles: 1396
12:56 PM, 19th September 2014, About 12 years ago
Reply to the comment left by “John Daley” at “19/09/2014 – 11:58“:
The evidence is in the form of comments posted by readers of Property118 on several threads on this forum. Sorry but I don’t have time to find them for you.
Did you read all of the threads I provided links to in my reply to you on the recent thread where you were (in your own words) “outed” as a Council Official proposing to introduce selective licencing to your area?
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