Landlord’s £20,000 fine overturned after council runs out of time
Summary
An Upper Tribunal has upheld the cancellation of a civil financial penalty imposed by Waltham Forest Council for an unlicensed HMO, finding the authority missed the statutory deadline for serving the notice of intent. The case arose after a property was re-let to sharers without an HMO licence application being submitted, but the enforcement action was ultimately defeated on procedural grounds.
Why it matters
Residential property surveyors involved in landlord compliance, licensing and management should note the strict procedural requirements around HMO enforcement. The case highlights how timing and service issues can determine the outcome of penalties, even where a licensing breach has occurred.
Key points
- Penalty of £19,500 was overturned after the council failed to meet the legal deadline for enforcement action.
- The property had been re-let to three sharers, triggering an HMO licensing requirement.
- The licensing application was not submitted due to an administrative oversight by the managing agent.
- The tribunal found the notice of intent was served out of time and cancelled the penalty.
- The ruling underscores the complexity and litigious nature of civil financial penalty regimes.
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