How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
Type Your Property Law Question Here...
Ash is online now

My mother's house recently got a letter from city council

Customer Question

My mother's house recently got a letter from city council that it has breach the HMO(House of Multiple Occupation) law as it's renting out more than four people in a three storey house, so it need a licence but my mother does not have it, she bought this house two years ago, did not stay long before leaving for another city, so she rent it out. After we read the Law(House Act 2004) provided by the council, we find that in my mum's situation, she do need the licence, but she didn't know this before getting the letter from the council, she did follow every steps as instructed by the council to fix the problem, however, she do not know whether she would be directly be fined with 20,000GBP, or she would just get a warning from the council at this stage? She has stopped all the rentting out activitiy and arranged the tenants to move out the property in one week time after getting the message/warning from the council, if she has 100% comply with the instruction by the council, would she still face the council's prosecution? There are many such prosecution reported on the news, but most of the case, the landlord ignored the warning from the council, so is there definitely a warning before the council take any legal action? Many thanks for this, it's really important to us!
Submitted: 5 months ago.
Category: Property Law
Expert:  Ash replied 5 months ago.

Hello my name is ***** ***** I will help you.

Are they asking her to apply for a licence or say they will prosecute?


Customer: replied 5 months ago.
the letter said:"Under section 72(1), a person commits an offence if he is a person having control of ormanaging an House in Multiple Occupation which is required to be licensed but is not solicensed. A person who commits an offence under this section is liable on summaryconviction to a fine not exceeding £20,000. The council is investigating whether anoffence may have been committed under this section in relation to the property" basically we just want to ask about the process, any expert who know the legal process would be helpful. The first time they send notice to say there is an offence, then what action will be taken?
Expert:  Ash replied 5 months ago.

Is there a licence now?

Customer: replied 5 months ago.
We just got the notice 10 days ago, so now start to prepare to comply with the council. my mother is not aware of the HMO related laws, and it's the first time she got such a notice, so would this directly involve law suite, or there is a process of warning, prohibitation order etc, only if the landlord do not comply, then there would be prosecution? Basially my question is, what is the procedure of the enforcement of HMO laws? many thanks!
Expert:  Ash replied 5 months ago.

Ok - well not knowing is not a defence. As a Landlord it is up to them to make sure they comply with the law.

She should apply to get a licence asap. She can still be prosecuted, but the its likely that if there is a licence they wont prosecute.

Even if they did prosecute it would be a small fine, it certainly wouldnt be £20,000.

But its up to a Landlord to make sure they comply with the law.

Can I clarify anything for you about this today please?

Customer: replied 5 months ago.
Hi Alex, the house is already empty, after getting the notice, my mum has re-arranged the accommodation for all the tenants, no continue offence, and no need for licence. And when I read the cases available online, seems all the prosecution happen only if the landlord ignored the warning, do you know any case that a landlord was identified operating HMOs without licence, but because he comply with the council request, so he is not put in prosecution? My question in general is that in my mother's case, would she face prosecution or face a warning in the next step. many thanks!
Customer: replied 5 months ago. several cases shows that there are warnings before actual prosecution, so I really need to know how this law is enforced. many thanks!
Expert:  Ash replied 5 months ago.

How the law is enforced is Council dependant. Different Councils have different policies. Some prosecute regardless but generally because of the cost its only where the Landlord just ignores everything.

So there is no conclusive advice on way or another as it depends on each Council

Does that clarify? Alex

Customer: replied 5 months ago.
Hi Alex, I must say that we might need a more clear answer, we definitely know that it's the council to decide the next step. Do you know any real cases on the HMO Licence enforcement procedure? Many thanks
Expert:  Ash replied 5 months ago.

You can't know, I can't know. You need to ask the Council for a copy of their policy on prosecution.

Then and ONLY then can you know. Otherwise it would be simply a guess.

Does that clarify the position? Alex

Expert:  Ash replied 5 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help:

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Remus2004



    Satisfied Customers:

    Over 5 years in practice.
< Last | Next >
  • Remus2004's Avatar



    Satisfied Customers:

    Over 5 years in practice.
  • Thomas's Avatar



    Satisfied Customers:

    UK solicitor holding an England and Wales practising Certificate.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer


    Satisfied Customers:

    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • chatham-chamber's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Clare's Avatar



    Satisfied Customers:

    I have been a solicitor in High Street Practise since 1985 with a wide general experience.