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News

Legal Advice to Landlords

 

Nottingham Crime and Regulatory solicitor Martin Hadley recently represented a landlord in interview relating to an alleged breach of regulations applying to a house in multiple occupation.

Inspection of a House in Multiple Occupation

The landlord had been visited by the local authority inspectors who had found shortcomings in the facilities offered within the property.  Martin’s client had successfully negotiated a period of time to make alterations to the premises to bring them into line with current legislation.

He had then employed a reputable contractor to undertake the works.  He knew the builder personally house in multiple occupation adviceand had used him for many years.  As a result he believed that the work would be completed to the requested specification and paid for the works to be done.

As a result, the landlord had no reason to suspect that the premises would not fulfil the requirements of the local authority.

Builder’s Failure

Unfortunately a subsequent visit by the inspectors revealed that the works did not fulfil the statutory requirements and the landlord was invited by the Council for an interview at their offices. This was to be a recorded interview.  The purpose was to gather evidence for a potential prosecution.  Our client was to be cautioned at the start of the interview.

Understandably, our client was extremely worried about the interview.  Unfortunately, rather than instruct us immediately he instead instructed an expert to produce a report to show  the council that he had completed the works to the relevant statutory requirements for a house in multiple occupation.  Of course, he hadn’t.

Defence of Reasonable Excuse

Sadly, this expense was not needed.  The report could not address the defence that our client needed to put forward.  Once he received advice

homes in multiple occupation advice

Martin was able to advice him that he would be able to put forward a reasonable excuse for failing to comply with the statutory requirements, that being the instruction and payment of a builder of appropriate skill and experience to undertake the works.

In order to allow our client to budget for his legal fees Martin agreed a fixed fee.  Within this fee, Martin liaised with the local authority to find out the detail of the allegations that would be put in interview, and advised his client prior to interview.  This meant he was able to ensure that his client brought along a bundle of relevant papers to the interview.  The advice continued throughout the interview.

As a result the client was able to raise the necessary defence and support it with documentary evidence.  The council decided to take the matter no further.  No court proceedings were brought.

Contact Martin Hadley

This case illustrates the importance of taking early advice from a specialist lawyer in order to ensure that your case is dealt with efficiently and without incurring unnecessary expense.

If you are a landlord responsible for a house in multiple occupation and receive contact from the local authority please telephone Martin on 0115 9599550 or email him here.  He will be able to provide you with advice on how best to deal with the allegations and agree fees for affordable advice.

News

Homes in Multiple Occupation Regulations

Nottingham criminal solicitor and regulatory lawyer Martin Hadley represented a landlord client.  He  had been visited by local council Enforcement Officers. They were inspecting homes in multiple occupation to ensure that landlords were abiding by the duties imposed upon them by Section 234 of the Housing Act 2004.

The Management Regulations under this Act are designed to ensure that tenants are provided with safe, good quality housing. The regulations place a heavy burden upon landlords.

Homes in Multiple Occupation

A house in multiple occupation is a property rented out by at least 3 people who are not from 1 ‘household’ (eg a family) but share facilities like the bathroom and kitchen. It’s sometimes called a ‘house share’. You must have a licence if you’re renting out a large HMO .  Further information can be found here.

homes in multiple occupation

The client’s premises were visited whilst he was undertaking renovation works.

Unfortunately, however, he had failed to maintain:-

  • statutory notices
  • fire alarms
  • common parts in a safe condition
  • hand rails, or
  • boundary fences.

Interview Under Caution

The Council officers interviewed Martin’s client under caution and with a recording being made.  Sensibly, our client chose to instruct Martin prior to the interview and he was present to give advice and assistance throughout the interview process.

Martin’s client did not dispute the allegations.  Martin made representations to the council that this was a case that could be dealt with by way of a caution.  Such a warning would be taken into account if there were further allegations in the future and a prosecuting authority had to decide whether to bring court proceedings.

No Prosecution

The client was understandably happy with the outcome of the investigation.  Martin’s approach identified that although the matter was admitted there was an alternative to prosecution and secured the appropriate outcome.

Our client avoided what could have been an expensive day at court as it was likely that he would have had to pay a fine and the local authorities costs for investigating and prosecuting the matter.  In addition he would have received a criminal record.

Contact Martin Hadley

If you receive notice that you are under investigation by the local authority as a landlord with homes in multiple occupation, or for one of the range of offences that you can be prosecuted for then please contact Martin on 0115 9599550 or email him here.