Under Section 72 of the Housing Act 2004 a person commits an offence if they are a person having control of or managing an unlicensed licensable HMO and are liable on summary conviction to an unlimited fine, or as an alternative to prosecution to a civil penalty of up to £30,000.

A person also commits an offence under Section 72 of the Housing Act 2004 if they knowingly permit more households or persons to occupy a licensable HMO than is authorised by their HMO Licence.

Under Section 73 of the Housing Act 2004 tenants and Local Authorities may seek a refund of rent, Housing Benefit or Universal Credit paid during the period in which the property was being operated as an unlicensed licensable HMO via a Rent Repayment Order.

No offence is committed by a person who has an outstanding duly made application either for a HMO licence, for a temporary exemption or where an interim or final management order is in force.

Last updated: Tue 7th February, 2023 @ 09:14