Sublet and no HMO licence eviction attempt?

by Readers Question

9:03 AM, 2nd October 2020
About 3 weeks ago

Sublet and no HMO licence eviction attempt?

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Sublet and no HMO licence eviction attempt?

I have a two bedroomed flat and allowed two individuals to live in it. One in a bedroom and the other turned the lounge into a bedroom/bedsit situation. So that left one spare bedroom.

One tenant sub-let the other bedroom without me knowing so three people were now living in the flat.

When I found out and met the illegal tenant, he seemed like a nice guy, long term sofa surfer, desperate for a place of his own. So I gave him a tenancy agreement of his own.

Then began the eviction process for the tenant that was illegally sub-letting. I am now being told that the eviction process won’t go through because I don’t have an HMO licence which is £800 and he can stay for six months on either a Section 8 or a Section 21!

Anybody any clues as to what to do next? I’m furious!!

Pamela


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Comments

Neil Patterson

9:09 AM, 2nd October 2020
About 3 weeks ago

Hi Pamela,

Unfortunately you have made a few unforced errors here and I fear if you try to sort it out yourself you are only going to compound the issue.

I would recommend you contact the eviction specialists Landlord Action >> https://www.property118.com/evicting-tenants-landlord-action/

And: Landlord Licensing and Defence >> https://www.property118.com/member/?id=36518

Sunil Lad

10:13 AM, 2nd October 2020
About 3 weeks ago

Just clarification needed on Pamela’s article, HMO isn’t applicable here is it, as there less than 4 tenants including the sublet

Robert Mellors

11:32 AM, 2nd October 2020
About 3 weeks ago

Reply to the comment left by Sunil Lad at 02/10/2020 - 10:13
It is still a HMO.

It may not require a licence, (as under 5 residents), but it is nevertheless still a HMO and must comply with the various onerous HMO property conditions and management regulations. (It may also perhaps needs a licence if in a selective licencing or article 4 area).

Landlord needs to get expert advice straight away, not just about the eviction process, but also about his HMO compliance or he could face multiple £30,000 fines (civil penalties).

Landlord should expect a very complex, costly, and lengthy process, as evictions are taking around 18+ months from start to finish, (even if all done correctly and with no adjournments), due to the extended notice periods, backlog of cases in court, slower court processes, backlog of work for the bailiffs, etc.

Patrick Sullivan MARLA

17:48 PM, 2nd October 2020
About 3 weeks ago

A lot depends here on the part of the UK you are in. For example in Coventry you'd be in more trouble than other parts of the UK. However notice periods are 6 months regardless . Check your local council website to understand the licence situation, then contact someone like Des Taylor .

Mark Shine

21:55 PM, 3rd October 2020
About 3 weeks ago

Yes entirely depends on where Pamela’s property is. Where my properties are (few London boroughs), 3 ‘households’ in a 2 bed flat is undoubtedly an ‘additional’ HMO requiring a license.

Phil Turtle, Landlord Licensing & Defence

14:58 PM, 4th October 2020
About 3 weeks ago

Pamela
Sadly by creating an HMO you’ve created big potential problems for your self that you did not realise.

Even if your property is not in an Additional licensing area you will 90% be in breach of a number of regulations under the management of houses in multiple occupation (England) regulations 2006 for which the council can and give half a chance will issue summary civil financial penalty fine in the £1000s

It’s not fair but it’s fact and as ever ignorance of the law is no defence.

Please get professional help.

You can contact us at Landlord Licensing and Defence help@landlordsdefence.co.uk or 0208 088 0788

David

13:00 PM, 6th October 2020
About 3 weeks ago

It also sounds as though you may have created two concurrent tenancies on the same space. This will certain need legal advice to resolve and could be very expensive.


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