If you do not get an HMO licence
We will follow up reports of properties operating without a licence where one is required and may instigate legal action. Each case will be considered on its merits.
As the manager or person in control of the property it is your responsibility to ascertain whether the building should have a licence, and you commit an offence if, without a reasonable excuse, you fail to apply for a licence for the property if one is required.
Failure to license a property that is required to be licensed, and failure to comply with licence conditions and/or other relevant legislation are criminal offences and may result in us taking legal proceedings which could result in an unlimited fine or a civil penalty of up to £30,000.
A prosecution may also lead to us no longer considering you to be a fit and proper person and revoking your licence.
We may, depending on the offence, take legal proceedings against any, or all, of the following:
- licence holder
- the manager
- managing agent
- anyone bound by the licence conditions
- the person ultimately receiving the rent
If any of these positions are held by a company, we may prosecute the director(s), manager(s), secretary or other similar officer, in addition to the company.
Additionally, accommodation which has been provided without the appropriate consents (for example, Building Regulation approval, Planning permission or correct Council Tax banding) will be referred for further investigation which may result in legal action.
Revoking a license
We may revoke the licence if it considers circumstances have changed since the issue of the licence, for example:
management of the property to be unsatisfactory
the property is no longer suitable to house the number of occupiers
a change in the fit and proper person status of any relevant person
information provided during the application was incorrect
Before revoking the licence we will inform the landlord and any other relevant person of the intention to revoke. We will consider any representations received within 14 days.
If the premises continue to operate as a licensable property, a new licence application will be required.