Housing: Landlord fined for operating HIMO without a licence

by | Jul 19, 2012 | Housing |

Housing: Landlord fined for operating HIMO without a licence

A local landlord has been prosecuted by Nuneaton and Bedworth Borough Council for operating a House in Multiple Occupation (HMO) without a licence.

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Bhopinder Singh Bajwa was fined £500 after pleading guilty to the offence when he appeared before Nuneaton magistrates on 16 July 2012.  He was also ordered to pay £485 Council legal costs as well as £15 victim surcharge, bringing the total to £1000.

The case against him began in May 2010 when officers first inspected 6 Aster Walk, Nuneaton following receipt of a complaint by the Council’s Private Sector Housing Team.  The inspection revealed that the owner of this three Storey house, Mr Bajwa, was letting it out to five unrelated individuals who shared facilities including the Kitchen located on the ground floor.

It was explained that having five or more occupiers would make the property fall within the mandatory HMO licensing which would mean that he would need to obtain a HMO licence from the Council. Mr Bajwa was reluctant to alter the property to provide more cooking facilities and to obtain a licence.  Therefore, alternative compliance options were discussed with him and he undertook to reduce the occupancy of the house to a maximum of four persons.

However, in response to another complaint being received last year officers made a number of  further visits to 6 Aster Walk and managed to speak to some of the tenants.  This revealed that Mr Bajwa was not adhering to the undertaking he had given.  Therefore, he was interviewed under caution and admitted that during the period between the first inspection and December 2011 there had been occasions when he had let the property out to five people and should have had a HMO licence so the decision was taken to prosecute him. The latest visits also showed that Mr Bajwa had not taken on board the advice he had been given about providing extra facilities that this number of people would require.  Mr Bajwa has given an undertaking to limit the number of occupants so they match the fire safety and amenities provided.

Ensuring adequate safety conditions are provided in houses in multiple occupation is essential to the well-being of residents of the Borough. As houses in multiple occupation are at a much greater risk of fire, licences are required to ensure safety. Landlords who are unsure how the legislation affects them should contact the private sector housing team on 024 76376406 for advice.

Cllr Dennis Harvey, Leader of the Council

This case demonstrates the Council’s willingness to work with landlords to help them comply with their legal obligations but also prosecute if this fails.

Further Information

The Housing Act 2004 introduced licensing for houses in multiple occupation (HMO’s).  The Licensing is mandatory for all HMO’s which have three or more storeys and are occupied by five or more persons forming two or more households.

British Standards relating to HIMOs:

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