Forum Home Search Login Register
+  Landlord Forum
|-+  General Category
| |-+  Tenant Advice & Help
| | |-+  Landlord doesn’t have a HMO license?

Landlord doesn’t have a HMO license?

Pages: [1]
Print
Author Topic: Landlord doesn’t have a HMO license?  (Read 109 times)
Newbie
Posts: 1

I like property

« on: November 07, 2020, 10:24:59 AM »

Hello

I live in a property with 2 other flatmates, we’re all unrelated but we have a joint tenancy agreement. I understand this makes us a HMO? But are we a HMO even though we live in a ground floor self contained flat in a modern new build?

Recently there’s been massive dispute between us tenants, and it’s left me wanting to leave the property. I would like to sub-let, but the landlord is delaying giving written consent. It has started to really frustrate me, so I have been looking at if a breach of contract has occurred anywhere, just so I can be released from the tenancy agreement and leave!

I noticed that in my borough, an additional HMO license is needed for 3-4 people from multiple households (I believe my flat falls into this), I searched the register on my borough’s website and the flat I live in was not listed. Im planning on calling the council to check on Monday, but would really appreciate some advice - has my landlord committed an offence if they don’t have this additional HMO license? Would I be able to use this as a way of forcing them to release my from the contract?

I appreciate your help! 
Global Moderator
Hero Member
Posts: 3718

I like lots of things

« Reply #1 on: November 07, 2020, 10:48:25 AM »

Before calling the Council...

Why don't you advise your Landlord that you're about to call the Council and point out the .gov website blurb that says - "You could get an unlimited fine for renting out an unlicensed HMO.", but indicate that you might prevaricate over that, or turn a blind eye, if they play ball with you?

Then, if the Landlord plays ball... get whatever you need in a cast-iron sense you're happy with... and call the Council anyway (maybe after you've gone)?

Sometimes it's not about the rules, but about any potential fear of the rules... all that can happen here is the Landlord has a good, and valid, reason for not having or needing an HMO licence and you get some egg on your face. I doubt you'll care about that, you're moving on anyway...
Sr. Member
Posts: 466

I like property

« Reply #2 on: November 07, 2020, 01:39:10 PM »

Quote
But are we a HMO even though we live in a ground floor self contained flat in a modern new build?

We're assuming you mean you all live in the same flat, not one each, right?

Yes, three people that's unrelated (generally speaking) is an HMO. It does not require a mandatory licence, but if as you say, it's located inside an area under additional licensing requirement, then the landlord needed a licence.

Before calling the Council...

Why don't you .............

Err, may I suggest not doing anything which may qualify as blackmail?

Lack of HMO licence is a relevant offence for a rent repayment order. Agreeing with the landlord not to apply for one in exchange for permission to sublet till the end of the tenancy or assign may be a solution.
Global Moderator
Hero Member
Posts: 1021

I like property

« Reply #3 on: November 07, 2020, 10:30:07 PM »

Steady on.Blackmail is an ugly  word.Where's the crime in trying to negotiate?
Sr. Member
Posts: 466

I like property

« Reply #4 on: November 07, 2020, 11:05:49 PM »

Nothing's wrong with negotiating along the line of "I won't sue you for something I'm entitled to if you give me this in exchange" or "I'm willing to settle this legal claim of mine against you if .......".

However, lack of an HMO licence is a criminal offence for which the local authority is the prosecuting authority. The implication of a statement along the line of say "I won't call the council if ...." can only give an impression that you would report their offence unless they give you some kind of material benefit you are demanding. While there are no requirements (for most people) to report a crime, I would suggest that an offer to not report a crime with a view to make a gain may qualifies as blackmail in law. It wouldn't matter if the person making such an offer ever had the intention to follow through on their promise or not.
Global Moderator
Hero Member
Posts: 1021

I like property

« Reply #5 on: November 08, 2020, 10:26:44 AM »

In the real world,how likely is it that the police would get involved? Who would report it to them,not the "victim" for sure.
Pages: [1]
Print