HMO Licence Forgiveness

Where five or more persons who occupy an HMO as their only or main residence form two or more households, the landlord must obtain a licence from the local housing authority. Failure to do so is an offence, however it is a defence to show that an application had been made but not yet determined.

In the case of Fashade v Albustin and others [2023] UKUT 40 (LC) Mr Fashade was the landlord of an HMO which he rented to the respondents. The respondents contended that the property was an unlicenced HMO and sought a rent repayment order covering 12 months rent. The First-Tier Tribunal made the order.

However the Upper Tribunal allowed an appeal as Mr Fashade had evidence that he and his letting agent had made repeated attempts – by both email and telephone – to apply for a licence to which the local authority had not responded. It was held that the evidence should have led the FTT to conclude that the defence had been made out for at least some of the period covered by the Rent Repayment Order.

Oliver Kew

Published on 03/03/2023