Navigating a dispute with council over HMO Licensing?

Navigating a dispute with council over HMO Licensing?

0:01 AM, 15th October 2024, About A year ago 5

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Hi, recently, I found myself in a frustrating situation with Brent Council regarding the licensing of a property I rent out.

After applying for and paying for a Selective Licence for my property, which is rented to a family, the council conducted an inspection. During the inspection, they spoke with one of the residents who, unfortunately, had limited English skills, leading to a misunderstanding about the nature of the household.

Based on this interaction, the Licensing Compliance Officer mistakenly assumed that the occupants were part of separate households, rather than members of the same family, and thus, required an HMO (House in Multiple Occupation) licence.

Following the inspection, I received an email from the council officer stating that I needed to apply for an HMO licence. Perplexed by this, I immediately contacted the lead tenant to confirm the living arrangements. The lead tenant sent me a detailed email clarifying that everyone residing in the property is related, and they live together as one family unit.

I forwarded this information to the council, explaining the misunderstanding and asserting that the current Selective Licence should be sufficient, as the property does not meet the criteria for an HMO licence. However, despite this clarification, I received a reply insisting that I still needed to apply for an HMO licence.

The Licensing Compliance Officer even threatened that failure to comply within a week could lead to severe consequences, including a Civil Penalty Notice (CPN) with fines up to £30,000, or potentially prosecution with an unlimited fine and a criminal record.

This situation has left me feeling that the council is unfairly pushing for an HMO licence without properly considering the facts or giving clear explanations. I’m reaching out to others who may have had similar experiences or any advice on how to address this issue effectively. Has anyone dealt with a similar dispute with a local council, and how did you handle it?

Any guidance would be appreciated.

Thanks,

Mohammed


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Archie S

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Member Since October 2024 - Comments: 9

0:46 AM, 15th October 2024, About A year ago

One of the ironies of the selective licensing schemes is that someone who rents a property to an actual family, rather than to separate individuals – which will almost always have a higher yield (especially in London) – is now being dragged into punitive licensing schemes.

A lot of LLs will say if your going to create the hassle of a HMO-lite i.e. selective licensing then why not convert into a HMO. Families get pushed out in favour of students and young professionals.

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Markella Mikkelsen

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Member Since August 2022 - Comments: 100

10:14 AM, 15th October 2024, About A year ago

Mohammed – Contact Des Taylor ASAP at Landlord Licensing and Defense
https://landlordsdefence.co.uk/services/.
They have loads of experience with rogue councils who try to fine landlords.
They will help you.

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Derek And jen

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Member Since December 2020 - Comments: 12

11:05 AM, 15th October 2024, About A year ago

love that

Rogue Councils ……perhaps there should be a register??
Interesting as all open to interpretation and misrepresentation .

Simple they’re either related or not !
Perhaps councils will be calling for DNA tests next ?

Actually if we trace history and Biblical family trees – were all descended from Adam and Eve – by default we’re technically all related !!
theres a thought !

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DPT

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Member Since October 2020 - Comments: 1106

11:19 AM, 15th October 2024, About A year ago

Mohammed, what is the exact relationship between the occupants? Have they given you any documentary evidence you could use? This is critical to whether the Council pursue this case.

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David Houghton

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Member Since October 2022 - Comments: 396

11:37 AM, 15th October 2024, About A year ago

Dpt is right, get documents and or a signed statement from the tenants.

Buy yourself some time by lodging a formal complaint with the council

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