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Ask Ash Your Own Question

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good evening I am an HMO licence holder for a Landlord that

Customer Question

Good evening

I am an HMO licence holder for a Landlord that lost his licence three years ago due to bad behavior. Three years on - his behavior is deteriorating yet again - please can you tell me if I can give the council notice to quit.


Heather Ellis Jones
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : The Council can't give you notice to quit no.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-ssv0uda7- :

Apologies - I think we have a misunderstanding - I would like to terminate my role as licence holder for this landlord - therefore, am I able to inform the council that I would like to terminate my role as licence holder to the council?. The landlord is under a management order from the local council. However, under the terms and conditions set out by the council he constantly breaks the rules and puts myself in a serious position.

Alex Watts : I see. Yes you can end your licence.
Alex Watts : Does that help?
JACUSTOMER-ssv0uda7- :

Yes thank you - so do I merely send a letter to the local HMO office ?

Alex Watts : Yes.
Alex Watts : Say you wish to withdraw as the licence holder.
Alex Watts : Can I clarify anything else?
JACUSTOMER-ssv0uda7- :

Good Evening

JACUSTOMER-ssv0uda7- :

If a landlord has a HMO property accomodating 4 students, and has not been granted a HMO licence by the local council are the tenants entitled to a fuill refund ?

JACUSTOMER-ssv0uda7- :

They have paid rent for a full year of 85pound per person per week .

Alex Watts : Yes they could be,
Alex Watts : They could claim a refund.
Alex Watts : can I clarify anything?
JACUSTOMER-ssv0uda7- :

How do they go about this ?

Alex Watts : They would simply write and ask the landlord for return.
Alex Watts : If Landlord refuses they could issue proceedings.
Alex Watts : Does that help?
JACUSTOMER-ssv0uda7- :

I have a 5 bedroom HMO house as student let - 1 double room and 4 singles...the double room have their own tenancy agreement as a couple and the other 4 singles are on a joint & several agreement....3 of the 4 want to withdraw from the joint agreement today before the move date of 10th June allthough all four have signed. Can they now legally withdraw from the AST.

Alex Watts : Can they withdraw no. It
Alex Watts : But they could sue for breach of contract.
Alex Watts : But if they have not moved in yes they can they terminate and withdraw.
Alex Watts : Does that clarify?
JACUSTOMER-ssv0uda7- :

Under whate reason can they sue for breach of contract?

JACUSTOMER-ssv0uda7- :

One has paid a deposit

JACUSTOMER-ssv0uda7- :

all four have paid admin fees do we have to return these ?

Alex Watts : Because they are required to have an authorised let house. They do not. Yes they can ask for the return of the deposit.
Alex Watts : Does that clarify?
JACUSTOMER-ssv0uda7- :

No this another house - this one is fully licensed and in immaculate condition.

Alex Watts : I see. If this is a new question you need to post another one please.
Alex Watts : thanks.
JACUSTOMER-ssv0uda7- :

ok thank you

Alex Watts : If I could invite you to rate this answer before you go today.
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

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