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What happens when a Council receives reports of an Unlicensed HMO

A council housing officer knocking at the door of a terraced house
  • They will investigate to establish the facts and gather evidence of offences that have been committed.
  • In most cases they will give 24 hours’ prior notice of inspections. However, if they suspect an offence is being committed relating to HMO legislation, they can inspect without giving any prior notice. In either case, if they are refused access, they can apply to the Magistrates’ Court to obtain a warrant. This allows them to enter by force if necessary.
  • Once they have inspected the property, they may serve legal notices requiring work to be completed, or information to establish exactly how the property is being occupied and managed. Failing to comply with these notices is an offence.
  • The investigation process may also include formal interviews under caution, gathering witness statements, and information sharing with other enforcement agencies.
  • A Landlord cannot regain possession of his or her HMO property if the HMO property is unlicensed under Section 21.

If you are a landlord and unsure whether or not you need an HMO Licence for your property or what type of Licence you need, or you may have received a warning letter or a notice from the Council recently, don’t panic, get in touch with us at Reen Anderson Solicitors for your free 15 minute assessment call on 0207 101 2628 to discuss how we can help.

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