A letter from the council saying it plans to fine you can be worrying, especially when the figure runs into thousands of pounds. The good news is that a notice of intent is not a final decision. It is a proposal, and you have the right to reply.
What is a notice of intent?
It is the letter a council must send before it can fine a landlord for a housing offence, such as:
- letting an HMO without a licence
- breaking the HMO management rules, for example on fire safety
- not following an improvement notice
- breaking a licence condition
The letter tells you how much the council plans to fine you and why. You do not have to pay anything at this stage.
How long do I have to reply?
You have 28 days, starting the day after the notice was given, and your reply must be in writing. Put the deadline in your diary as soon as the letter arrives, and don’t leave it to the last day.
What should I do in the 28 days?
- Check the letter. Is it addressed to the right person or company, and does it explain the amount and the reasons?
- Look at what the council says you did. Was the property really an HMO at the time? Had you already applied for a licence?
- Gather your evidence. Licence applications, tenancy agreements, safety certificates, and photos and invoices showing what you have fixed.
- Show your finances. If the fine is more than you can afford, say so and prove it. If you don’t, the council can assume you can pay.
- Reply calmly and clearly. Deal with each point, attach your evidence and explain what you have put right. An angry letter rarely helps!
What happens next?
The council then decides whether to drop the fine, reduce it or go ahead with a final notice. If it goes ahead, you can usually appeal to a tribunal within 28 days. However, the tribunal can increase a fine as well as reduce it, so your reply to the notice of intent is usually your best chance.
A fine can also make it easier for tenants to claim back their rent, which is another reason to get your reply right.
How we can help
Some of our lawyers have worked as prosecution lawyers for councils, so we understand how councils build these cases. We prepare replies to notices of intent and take appeals to the tribunal for landlords and letting agents. Send us your notice as soon as it arrives: the 28 days go quickly!
If you would like to talk anything through, call us on 0207 101 2628 or email info@reenanderson.com.
This article is general information about the law in England, not legal advice on your situation.