Unlicensed HMO and date of offence – Nearly Legal

‘Luton Borough Council v Altavon Luton Ltd & Ors (2019) EWHC 2415 (Admin). An appeal by way of case stated from a DJ’s decision at Luton Magistrates. The sole issue was whether the informations in the case had been laid within 6 months “from the time when the offence was committed, or the matter of complaint arose.” (Section 127 of the Magistrates’ Court Act 1980.)’

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Nearly Legal, 6th October 2019

Source: nearlylegal.co.uk

Councils face a losing battle as they crack down on rogue landlords – The Guardian

‘Despite dawn raids and legal action, the number of unlicensed rentals in houses of multiple occupation continues to grow.’

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The Guardian, 7th April 2019

Source: www.theguardian.com

Council loses Supreme Court battle over HMO licence conditions – Local Government Lawyer

‘Nottingham City Council has lost a Supreme Court case over whether it was right to prohibit the use of two attics as bedrooms.’

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Local Government Lawyer, 11th October 2018

Source: www.localgovernmentlawyer.co.uk

Service not included – Nearly Legal

Posted August 10th, 2018 in fees, houses in multiple occupation, housing, licensing, local government, news by sally

‘The issue was the level of fees charged by LB Richmond on Thames for an HMO licence. LB Richmond maintained that the fee level could be set at a level designed to cover not only the costs of processing his application but also to contribute towards the costs of LB Richmond running its HMO licensing scheme more generally, including enforcement. Mr G, the landlord, maintained that the fee could only be set at a level covering the costs of processing the application.’

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Nearly Legal, 9th August 2018

Source: nearlylegal.co.uk

R (Gaskin) v Richmond upon Thames LBC – Arden Chambers

‘The Administrative Court has held that a person who owns, and lets out rooms in, a House in Multiple Occupation (“HMO”) provides a service for the purposes of EU Directive 2006/123/EC (the “Directive”) and the Provision of Services Regulations 2009, SI 2009/2999 (the “Regulations”), and that the HMO licensing scheme under Part 2, Housing Act 2004 is an “authorisation scheme” for the purposes of the Directive and Regulations. The decision of the CJEU in R (Hemming t/a Simply Pleasure) v Westminster CC [2017] 3 WLR 317, therefore applies to the fees that may be charged on a Part 2 licensing application, so that where a local authority demanded payment on application of an upfront fee which covered not merely the costs of processing the application, but also the costs of administering and enforcing the scheme, the fee was unlawful.’

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Arden Chambers, 31st July 2018

Source: www.ardenchambers.com

Borough council secures £70,000 fine for HMO offences – Local Government Lawyer

‘Luton Borough Council has secured its largest ever fine – £70,000 – for breaches of the law regarding houses in multiple occupation (HMO).’

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Local Government Lawyer, 30th January 2018

Source: www.localgovernmentlawyer.co.uk

Rules on properties requiring HMO licence to be strengthened from April – Local Government Lawye

‘Landlords renting properties in England occupied by five or more people, from two or more separate households, will need to hold a house of multiple occupation (HMO) licence from April 2018, Housing Minister Alok Sharma has announced.’

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Local Government Lawyer, 2nd January 2018

Source: www.localgovernmentlawyer.co.uk

Agent claiming to be unaware property was HMO, loses appeal over £20k fine – Local Government Lawyer

‘A lettings agent that claimed that it was unaware a property was a house in multiple occupation (HMO) has lost its appeal over a £20,000 fine.’

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Local Government Lawyer, 22nd May 2017

Source: www.localgovernmentlawyer.co.uk

Council appeals to Court of Appeal in dispute over houses in multiple occupation and bedroom sizes – Local Government Lawyer

‘Nottingham City Council has applied to the Court of Appeal for permission to appeal after the Upper Tribunal dismissed its challenge to terms of Houses in Multiple Occupation (HMO) licences that restricted the occupation of bedrooms to a particular type of occupier.’

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Local Government Lawyer, 23rd May 2016

Source: www.localgovernmentlawyer.co.uk

There’s no place like HMO – Nearly Legal

Posted December 20th, 2013 in appeals, council tax, houses in multiple occupation, housing, local government, news by tracey

‘Shah v Croydon LBC [2013] EWHC 3657 (Admin). An appeal by way of case stated from a Magistrates Court decision that a property owned by Mr Shah was an HMO and that Mr S was therefore liable for some 14 months Council Tax. And an illustration of the confusion of the multiple definitions of House in Multiple Occupation floating around.’

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Nearly Legal, 19th December 2013

Source: www.nearlylegal.co.uk/blog/

Islington London Borough Council v Unite Group PLC – WLR Daily

Posted March 27th, 2013 in houses in multiple occupation, housing, law reports, local government by tracey

Islington London Borough Council v Unite Group PLC: [2013] EWHC 508 (Admin);   [2013] WLR (D)  120

“For the purposes of article 3(2) of the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2006 it was the house in multiple occupation that had to comprise of three storeys and not the building in which a house in multiple occupation happened to be found.”

WLR Daily, 22nd March 2013

Source: www.iclr.co.uk

Government’s HMO changes are not unlawful, Court of Appeal ruled – OUT-LAW.com

“It was not unlawful for the Government to introduce new laws that gave greater development rights for houses in multiple occupation (HMO) without consulting councils for a second time, the Court of Appeal has ruled.”

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OUT-LAW.com, 19th December 2011

Source: www.out-law.com