C1C2Part 2Licensing of houses in multiple occupation

Annotations:
Modifications etc. (not altering text)

Enforcement

I172Offences in relation to licensing of HMOs

1

A person commits an offence if he is a person having control of or managing an HMO which is required to be licensed under this Part (see section 61(1)) but is not so licensed.

2

A person commits an offence if—

a

he is a person having control of or managing an HMO which is licensed under this Part,

b

he knowingly permits another person to occupy the house, and

c

the other person’s occupation results in the house being occupied by more households or persons than is authorised by the licence.

3

A person commits an offence if—

a

he is a licence holder or a person on whom restrictions or obligations under a licence are imposed in accordance with section 67(5), and

b

he fails to comply with any condition of the licence.

4

In proceedings against a person for an offence under subsection (1) it is a defence that, at the material time—

a

a notification had been duly given in respect of the house under section 62(1), or

b

an application for a licence had been duly made in respect of the house under section 63,

and that notification or application was still effective (see subsection (8)).

5

In proceedings against a person for an offence under subsection (1), (2) or (3) it is a defence that he had a reasonable excuse—

a

for having control of or managing the house in the circumstances mentioned in subsection (1), or

b

for permitting the person to occupy the house, or

c

for failing to comply with the condition,

as the case may be.

6

A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding £20,000.

7

A person who commits an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

8

For the purposes of subsection (4) a notification or application is “effective” at a particular time if at that time it has not been withdrawn, and either—

a

the authority have not decided whether to serve a temporary exemption notice, or (as the case may be) grant a licence, in pursuance of the notification or application, or

b

if they have decided not to do so, one of the conditions set out in subsection (9) is met.

9

The conditions are—

a

that the period for appealing against the decision of the authority not to serve or grant such a notice or licence (or against any relevant decision of a residential property tribunal) has not expired, or

b

that an appeal has been brought against the authority’s decision (or against any relevant decision of such a tribunal) and the appeal has not been determined or withdrawn.

10

In subsection (9) “relevant decision” means a decision which is given on an appeal to the tribunal and confirms the authority’s decision (with or without variation).