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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If a prohibition order has been placed on a HMO, then all the

Customer Question

If a prohibition order has been placed on a HMO, then all the tenants leave as required, what is the position regarding BREACHING the order if a person is later found (without the knowledge or agreement of the landlord) in the house by a HSE officer :-
a. If he was one of the previous tenants, now having left AND signed up to other rented property?
b. A squatter enters the prohibition house and and is found by the HSE officer?
Do either constitute a breach of the prohibition order?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this,
Alex Watts : for now please let me know upon whom the order was served upon?
JACUSTOMER-akrgpir8- :

Hi Alex, the prohibition order was served on both the owners of the property (who rented the house out to a tenant) and the tenant. The owners were never involved in the running/management of the HOM, simply received income to supplement pensions. The tenant (with the owners agreement) ran the house as an HMO, sub-letting out to HMO tenants. The tenant found/dealt with all tenant/HMO matters. Trust this helps you. Brian.

Alex Watts : Ok. Did your agreement with the tenant allow him to sublet ?
JACUSTOMER-akrgpir8- :

Alex, yes, the owners allowed/agreed to the tenant sub-letting on the proviso that the tenant dealt with ALL HMO/tenant items, with the owners ONLY being involved with receiving income to supplement pensions. Brian

Alex Watts : The squatter sitaution - do you or the main tenant know about this?
JACUSTOMER-akrgpir8- :

Alex, we only know there was a person there when inspected by the environmental officer. Neither owner or tenant knew or agreed to anyone being there, we assumed as he had no authority to be there he would be termed a squatter! Brian

Alex Watts : Ok. If it's the squatter and he did not have authorisation then:
Alex Watts : a) No one is liable. You are not liable and your ex tenant is not liable.
Alex Watts : Clealry of no one gave permission it can't be helped.
Alex Watts : But squatting is now a criminal offence.
Alex Watts : But you or the tenant are not liable.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-akrgpir8- :

alex, thanks, ***** ***** if the occupant was the previous sub-tenant who left and signed up to another property? Is he classed as a squatter in this case or because he WAS a previous tenant does this bring in a liability for us? brian

Alex Watts : If he is the tenant previously then yes he would be in breach.
Alex Watts : Does that heko?
Alex Watts : help?
JACUSTOMER-akrgpir8- :

Alex, I note you say "he" (is this tenant or sub tenant?) would be in breach but the question is a) would the owners be in breach and b) would the tenant (not sub tenant) be in breach? I am only really concerned with owners and teant breach, not sub tenant breach. Brian.

Alex Watts : Owners no
Alex Watts : You as owner won't be in breach
Alex Watts : Does that help?
JACUSTOMER-akrgpir8- :

alex, thanks for saying the owner would not be in breach, but you have not answered the question as to whether the tenant (not sub tenant) would be in breach if the previous SUB tenant was to illegally be in the property when the environmental officer visited and said the prohibition order was breached accordingly? Brian

Alex Watts : The sub tenant would be in breach yes.
Alex Watts : But he would only be prosecuted if he knew about the order.
Alex Watts : Does that help?
JACUSTOMER-akrgpir8- :

alex, you have nor answered whether the TENANT (not sub tenant) would be in breach if the previous sub tenant was to illegally be in the property when the environmental officer visited and said the prohibition order was breached. brian

Alex Watts : The tenant would be liable.
Alex Watts : Does that clarify?
Alex Watts :

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