Agents and landlords warned over imminent changes to HMO regulations

Agents representing landlords of HMOs In Portsmouth are being warned by the council that their need to be licensed or face a hefty fine.

Currently properties where there are five or more people who form two or more households and share facilities like a kitchen or bathroom, require a licence, and landlords must comply with the mandatory HMO management regulations. 

And from September 1 - just three weeks time - all other HMOs must apply for a licence too, known as “additional licensing”.

The council has powers to issue substantial fines of up to £30,000 to landlords that don’t comply with the law.

The council’s private sector enforcement officers recently fined an asset management company £15,000 after being made aware that five unrelated individuals were living at a property which had no HMO licence.

The property came to the attention of the council after information was received from a local resident prompting further investigation by the council’s private sector housing team.

A tribunal upheld the fine being imposed, concluding after considering all evidence presented by both parties, they were satisfied that the offence under section 71(1) of the Housing Act 2004 had been proven beyond reasonable doubt.

In their view there was no evidence produced by the company that supported claims that the tenants were living as a single household, unlike the evidence produced by the enforcing officer that suggested otherwise.