Houses in multiple occupation (HMO) - defence lawyers

HMO and other private rented accommodation regulation

The property market has expanded and changed significantly over the past few years. With expansion comes more regulation and standards for landlords to adhere to, particularly in relation to HMOs.

Local authorities now have greater power to regulate not just HMOs but also other private rented accommodation which falls within one of the licensing schemes. The aim of the schemes are to safeguard tenants and to hold landlords to account in relation to private rented accommodation. Failure to licence a HMO or private rented accommodation under an additional or selective licensing scheme and/or failure to comply with the associated HMO management regulations can lead to criminal investigations, prosecutions, substantial financial penalties, orders to repay rent to affected tenants, entry onto the rogue landlord register, and banning orders.

Our specialist lawyers understand the intense pressure on landlords and managers of properties to comply with the increasingly complex and ever-changing legislation and regulations that govern management of HMOs and other private rented accommodation. We also understand how enforcement action, rent repayment orders and licensing issues can impact significantly on a landlord, whether this be financially or reputational, or both. Our experience allows us to provide clear and strategic advice at all stages to help minimise this impact upon you.

Our experience

As specialist HMO lawyers, we act for landlords, managers and letting agents in relation to the following:

• Advice in respect of HMO licence applications, including mandatory, additional and selective licensing
• Challenging notices of intent to revoke; refuse; or vary a licence
• Appeals of notices to revoke; refuse; or vary a licence to the first-tier tribunal (property chamber)
• Initial investigations by the council, including advice and representation at interviews under caution (known as PACE interviews)
• Criminal investigations and prosecutions, including representation at court
• Challenging notices of intent to impose a civil penalty
• Appeals of civil penalties to the first-tier tribunal (property chamber)
• Rent repayment orders
• Challenging decisions to place an entry onto the Rogue Landlord Database
• Interim and final management orders
• Banning orders

Do you need legal representation?

Under the Housing Act 2004, private landlords, property managers, and letting agents can be held legally liable if the property is not correctly licensed or there has been a breach of the management regulations. The government and local councils take these offences very seriously and there are various actions that they can take in response to this. If this happens, this can have serious implications on you financially and on your status as a landlord. It is therefore vital that you seek specialist legal advice in order to protect your interests and safeguard yourself as a landlord.

If you require advice or support in relation to any of the above, you should seek specialist legal advice as soon as possible in order to protect your and your business’ interest. For a confidential no obligation discussion with a member of our team, please contact us on 0161 696 6250 or complete our online enquiry form.

Our fees

Wherever possible our HMO and associated licensing lawyers operate on a fixed fee basis. We will provide you with a clear indication of our fees at each stage of proceedings - for example: initial reviews and advice, interviews under caution, and preparation of legal representations. This allows clarity and certainty on costs whilst your case is ongoing. In the event that we cannot offer a fixed fee, we will provide you with a clear indication of what our fees will be for each stage of your case and provide you with regular updates.