HMO Landlords

[pinkpapaya]

Hello,
can anyone tell me what is likely to happen to a person renting out a shared house/HMO house who:

a) isn't a registered landlord
b) hasn't been telling the taxman
c) has been renting to a person no right to rent
d) hasn't been providing gas checks
e) committed meter tampering and electricity abstraction
f) harassed tenants in a mild way
g) has no fire safety in the house
h) does no electrical checks
i) hasn't protected tenant deposits

Will they get into trouble or does nothing happen usually?

It is Haringey council in London

@Stripyhoglets1

Go to local housing authority. They can take action. You can also make a claim for a rent repayment order if the house should be licensed but isn't. Look at the local authority website u der private sector housing and there will probably be info on there about how to do this.

Thank you. The HMO is unlicensed and there is no application in process for it. This landlord also owns two more HMO's which you can guarantee aren't licensed/declared/legal/safe. This has also been reported

Landlords are supposed to give 24 hours notice before entering the property so landlords husband turning up unannounced is against the law.
Environmental health will clamp down on unlicensed HMOs as accidents are waiting to happen.

Also try to find the cousins somewhere else to live as clearly this is all going to end very badly even objecting to her putting flowers in a vase in front of her cupboard in the kitchen as an act of dominance!

There was a BBC programme few years ago about the history of some streets in London, based on Booth’s maps, and there was a north London landlord who was renting out some strange underground rooms mainly to back-packer types, Caledonian Road.

Not this chap by any chance!

Not all HMOs have to be licensed, it depends on the council’s requirements, if there are less than the threshold number of tenants it might not be necessary.
If you suspect s/he’s not paying taxes, you can report online ( preferred) www.tax.service.gov.uk/shortforms/form/TEH_IRF or make an anonymous call to HMRC on 0800 788 887 ( you may have to hang on until anyone answers).

@whataboutbob

Not all HMOs have to be licensed, it depends on the council’s requirements, if there are less than the threshold number of tenants it might not be necessary. If you suspect s/he’s not paying taxes, you can report online ( preferred) www.tax.service.gov.uk/shortforms/form/TEH_IRF or make an anonymous call to HMRC on 0800 788 887 ( you may have to hang on until anyone answers).

I believe Haringey Council have additional licencing requirements so all buildings with more than one household living there require a licence. They're in the process of changing to selective licencing too.

@MrsW2603 I’ve checked haringey website an indeed ALL HMOs occupied by 3 or more persons require a licence. Penalty you to £30 000. They introduced extra licensing schemes in 2019, probably due to high density of substandard housing.

Thank you everyone for the extra info. HSE have called my cousin back and said they are passing it to their gas team so looks like it is going to be investigated plus two former tenants have come forward to report as well.

[quote whataboutbob]@MrsW2603 I’ve checked haringey website an indeed ALL HMOs occupied by 3 or more persons require a licence. Penalty you to £30 000. They introduced extra licensing schemes in 2019, probably due to high density of substandard housing.[/quote]
Not sure how 'hot' Haringey council is on prosecuting and going after these rogue landlords but everything crossed they will. This landlord has been doing this stuff to tenants for years apparently!

@Danikm151

Landlords are supposed to give 24 hours notice before entering the property so landlords husband turning up unannounced is against the law. Environmental health will clamp down on unlicensed HMOs as accidents are waiting to happen.

These people never have - just let themselves in whenever they feel like it. The landlord's husband is the worst for it and he has apparently let himself into the girl's room's when two of them were in a state of undress!

@Gh0stontoast

There was a BBC programme few years ago about the history of some streets in London, based on Booth’s maps, and there was a north London landlord who was renting out some strange underground rooms mainly to back-packer types, Caledonian Road.

Not this chap by any chance!

No. Wrong borough!

@Xenia

Also try to find the cousins somewhere else to live as clearly this is all going to end very badly even objecting to her putting flowers in a vase in front of her cupboard in the kitchen as an act of dominance!

I agree that it is very petty and indicative of the landlord (who is female) trying to throw her weight around especially when other tenants have things on their counter space. However, it will get reported to the council as an example of petty harassment and singling my cousin out. Think the landlady doesn't like her because she objected to the husband letting himself in on a few occasions.

Make sure that you let the EHO know about their other properties too so they can inspect them, as well. HMO licensing will be dealt with by a different department at the council, the council may well have private rental officer too. It's worth contacting them directly rather than leaving it to the EHO to do it, it will be quicker. You can also ask the fire brigade to do a fire safety inspection (they will provide smoke alarms for free, if necessary).

If the deposit hasn't been protected, your cousin can ask for 3 times the deposit back in punitive damages. In light of the other breaches, she would probably get them. If the HMO is unlicensed, the tenants can also apply for a rent repayment order for 12 months rent:

england.shelter.org.uk/professional_resources/legal/housing_conditions/private_sector_enforcement/rent_repayment_orders

www.londonpropertylicensing.co.uk/%C2%A316000-rent-repayment-order-haringey-landlord

[quote chesirecat99]Make sure that you let the EHO know about their other properties too so they can inspect them, as well. HMO licensing will be dealt with by a different department at the council, the council may well have private rental officer too. It's worth contacting them directly rather than leaving it to the EHO to do it, it will be quicker. You can also ask the fire brigade to do a fire safety inspection (they will provide smoke alarms for free, if necessary).

If the deposit hasn't been protected, your cousin can ask for 3 times the deposit back in punitive damages. In light of the other breaches, she would probably get them. If the HMO is unlicensed, the tenants can also apply for a rent repayment order for 12 months rent:

england.shelter.org.uk/professional_resources/legal/housing_conditions/private_sector_enforcement/rent_repayment_orders

www.londonpropertylicensing.co.uk/%C2%A316000-rent-repayment-order-haringey-landlord[/quote]
Thank you so much for this. This is really helpful. I will definitely pass this on. Can you tell me what powers the private rental officer may have? I know what EH can do but I would really like this to go to as many people as possible so that the landlord has no chance to wriggle out of anything.

dealing with rogue landlords is like trying to hold back the tide.
i think it is unlikely that what you want from reporting this would be the outcome.
unless they have significant history of contraventions, the council do not usually spring to prosecute.
hopefully they will do an inspection, and maybe issue an improvement notice. the matter may linger on for months.
and that depends on the resources available.
they will not be the slightest interested in vases in kitchens.
the issue concerning the electric supply is more serious.
but the best advice is for your cousin to get out of that place asap.
good luck.

I can't find a link for a private rental officer in Haringey but they would have the power to prosecute/take civil action. You could try this number:
www.haringey.gov.uk/housing/housing-advice/homelessness/contact-housing-advice

Here is the link for HMO licensing in Haringey. You can also report problems with the HMO to the EHO via one of the links, although you have to complain to the landlord first. I would just complain anyway and state that she has been harassed by the landlord for making a complaint so doesn't feel able to complain directly again. You can also make a complaint, it doesn't have to be the tenant, but they can't enter the property unless a tenant requests it. There are also links to Haringey's enforcement policies.
www.haringey.gov.uk/housing/property-licensing

www.haringey.gov.uk/housing/landlords/multiple-occupants/report-problem-hmo
www.haringey.gov.uk/housing/landlords/houses-multiple-occupation-hmo/enforcementprivate-sector-housing-policies

You can also report the meter tampering to the electricity supplier.

Unfortunately alexdgr8 is right. Particularly in London. There should be better protections for vulnerable tenants and harsher penalties for slum landlords but there isn't.

One of the biggest reasons why these landlords get away with it is if environmental health does enforce anything, including serious issues like declaring a property unfit for human habitation, the tenant ends up homeless.

Is it possible for you to help her find somewhere else? Gather as much evidence, photos, etc first, then report after she's moved out.

Spoke to my cousin today - it seems the landlord's husband let himself in unannounced with three hand written letters telling the three tenants with AST's that the rent is increasing. Nothing for the illegal guy who is also renting in the house. My cousin is being charged an extra 60 quid, the others are only having to pay £25. two of the tenants have been given less than the month's notice required. THEN an estate agent let himself in unannounced to show a prospective tenant the empty room upstairs so this CF landlord is charging more rent AND letting despite knowing that there is no gas safety and it is unlicensed!!!

Some of that you cannot know eg his tax affairs but if there's safety concerns you can contact the council

Does the letting agent do any property management, hold the deposits, collect the rent, credit/reference/right to rent checks or just advertise the property to let? The letting agent may also be responsible for some of the breaches if they do anything more than market the property. You could speak to CAB for advice who will pass it to trading standards, if appropriate. You can also make a complaint to whichever redress scheme they belong to (if they have any responsibility). Did the letting agent let the room to the illegal tenant without doing a right to rent check?

www.which.co.uk/consumer-rights/advice/how-to-complain-about-your-letting-agent-afHgS5u8qpfD

Is the landlord a private individual or a company? Sometimes HMOs are run by companies.

If the building isn't purpose built, it might have needed planning permission/building regs for change of use. That is another avenue you can explore.

If your cousin's rent is more than other tenant's rent for the same size room/facilities, she can challenge it at a rent tribunal.

The EHO will check the rooms/building are up to HMO standards but you could prepare by checking them yourself.

www.haringey.gov.uk/sites/haringeygovuk/files/hmo_standards.pdf

The laws about coming into the building without notice are a bit different. The landlord/letting agent can enter the communal parts without notice for viewings, inspections, maintenance, rent collection etc. They cannot enter any private rooms that a tenant has exclusive use of without permission/notice though.

[quote chesirecat99]Does the letting agent do any property management, hold the deposits, collect the rent, credit/reference/right to rent checks or just advertise the property to let? The letting agent may also be responsible for some of the breaches if they do anything more than market the property. You could speak to CAB for advice who will pass it to trading standards, if appropriate. You can also make a complaint to whichever redress scheme they belong to (if they have any responsibility). Did the letting agent let the room to the illegal tenant without doing a right to rent check?

www.which.co.uk/consumer-rights/advice/how-to-complain-about-your-letting-agent-afHgS5u8qpfD

Is the landlord a private individual or a company? Sometimes HMOs are run by companies.

If the building isn't purpose built, it might have needed planning permission/building regs for change of use. That is another avenue you can explore.

If your cousin's rent is more than other tenant's rent for the same size room/facilities, she can challenge it at a rent tribunal.

The EHO will check the rooms/building are up to HMO standards but you could prepare by checking them yourself.

www.haringey.gov.uk/sites/haringeygovuk/files/hmo_standards.pdf[/quote]
Hi Cheshire, no the letting agent does nothing more than the 'introduction'. The illegal guy was recruited from somewhere by the landlord's addict husband but not officially. You can guarantee there has been no right to rent check. My cousin's room is bigger than 3 of the other rooms but is not the largest in the house. The tenant with the largest room is also only being charged £20 quid rent increase instead of £50 like my cousin. No other services are being provided and rents in the area have gone down since the pandemic. The landlord is private and in cahoots with the dodgy letting agents who brought around a prospective tenant at lunchtime. The HMO is a Victorian villa that has just had the former living/dining room let out as bedrooms in addition to the three rooms upstairs.

@motogogo

Some of that you cannot know eg his tax affairs but if there's safety concerns you can contact the council

True but given that they have basically ignored every other law and regulation including paying the electricity, I would say it is almost a given that they aren't declaring rental income too.

I forgot about the Mayor of London's rogue landlord checker. You can report the landlord there too:

www.london.gov.uk/rogue-landlord-checker

How many people are sharing the kitchen? You've said there are at least 4 bedrooms. Haringey has a maximum of 3 lettings per kitchen, so unless some of those rooms have their own kitchen facilities or there are 2 kitchens, the house doesn't meet the minimum HMO requirements so it won't get a licence. Have a look at the pdf I posted earlier to see if there are any other breaches.

If the letting agent is marketing a property that is clearly in breach of the local HMO standards, they could be responsible too.

What does her contract say about the shared lounge that is being let out now? If use is included, her rent should be reduced if that is use is lost.

The difference in rental increase is a bit meaningless as the starting points may have been different if someone had been there longer without an rent increase IYSWIM. How do the new total rents compare to room size?