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Establishing a Breach of the HMO Management Regulations

16th July 2019 RIAMS

The latest digest to have been added to the Housing Professionals forum considers a case where there had been a history of action against the Applicant. Torbay Council imposed a civil penalty against the Applicant for breaches under the HMO Management Regulations.

The appeal related to six notices made under section 249A of the 2004 Act served by Torbay Council and the imposition of financial penalties for the offences. The Applicant appealed against the validity of all of the notices and the financial penalties imposed.

In considering this case, it was agreed that this case related to three issues:

  • Is the property a House in Multiple Occupation (HMO)? If that is established,
  • Are the defects identified by Torbay Council in the six notices breaches of the Management Regulations? If that is established,
  • Are the amounts of the financial penalties appropriate?

The summary judgment includes details of the defects each notice covered and the penalty charges for each offence; in establishing the validity of the notices, the Court was required to consider the answers to the above questions.

The Court decided that the property was an HMO, the defects identified were breaches of the Management Regulations and the penalty amounts were appropriate.

To read the full digest, click here.