Tenant claims against property not registered as an HMO?

by Readers Question

10:51 AM, 4th July 2016
About 2 years ago

Tenant claims against property not registered as an HMO?

Make Text Bigger
Tenant claims against property not registered as an HMO?

Does anyone know: if a property should have previously been registered as an HMO but is only now in the process, can previous or current tenants make a claim for their last 6 months rent to be repaid?hmo

Thanks to anyone that can comment

Jamie



Comments

Dr Rosalind Beck

13:33 PM, 4th July 2016
About 2 years ago

I hope someone can give you an authoritative answer on this - I have HMOs and I've never heard of this.

The Enforcer

16:28 PM, 4th July 2016
About 2 years ago

There are two types of HMO, those that need to be licenced because of Mandatory or Additional Licensing and those that do not need to be licensed (the smaller ones).

Currently, if the Local Housing Authority (Council) take a successful prosecution against a HMO landlord for not licencing a HMO that should be licenced then the Authority can ask the First Tier Tribunal (Court) for a Rent Repayment Order. This Order will determine how much rent has to be repaid to the Council (for HB payments) for the period that the property required to be licensed but was unlicensed.

The same process is available at the same time for a private tenant who pays their own rent to recover their rent that was paid while the property was unlicensed.

There is also the likelihood that Rent Repayment Orders will be extended to other things, such as when a landlord doesn't do repairs the Authority ask for using a Statutory Notice.

So, it all starts with a Local Housing Authority successful prosecution.

Robert Mellors

21:12 PM, 4th July 2016
About 2 years ago

Reply to the comment left by "The Enforcer" at "04/07/2016 - 16:28":

I agree with The Enforcer, from my readings on the subject I am of the opinion that if a property has more people than it is allowed to have, e.g. more than four residents in a non licenced HMO, then the council can take action to recover the Housing Benefit paid to ALL the residents of that property for the whole period in which the property had more people in it than was allowed. As far as I know, this is not limited to 6 months, it is for the whole period when the property housed more people than it should have done under the HMO licence or designation. Although I am only aware of it from the point of view of recovery of any Housing Benefit paid, by analogy I would presume that it makes all rent paid recoverable (so a private paying tenant could sue the landlord for recovery of rent paid during that period).

Jamie Finch

16:26 PM, 5th July 2016
About 2 years ago

Hi guys, thanks for your replies. From what I can see, there is little likelihood of the LA taking action and if they did, the house more than meets all requirements so I don't think I have any worries about a prosecution. in over 20 years I have never had anything close to a serious problem with a tenant but there's always a first time! My tenants do not want to live in a house with fire notices and self closing doors etc, they're a bunch of very nice, responsible friends and I don't want to change things without good cause. Nor on the other hand do I want to leave myself foolishly exposed!


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

RLA call on banks to end Benefits discrimination

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More