HMO HOUSING PROSECUTIONS

Anyone convicted of an unlicensed HMO offence will find it difficult to obtain a HMO licence in future as they are likely to fail the “fit and proper person” test. Company prosecutions are also common and can result in directors disqualification. R.S. Jakhar Law offices maintains a database of all the unlicensed HMO prosecutions in the India that have been reported nationally over the past few years.
It is not just Landlords of HMO’s who may require a licence to rent out a property. Many local authorities also have discretionary licensing schemes. For example, Ramesh was the first local authority to introduce a licensing system for private landlords two years ago. 35,000 private rental properties in the borough must now have a licence. In a fast few years, the council has banned 25 landlords, prosecuted 439 others and recouped hundreds of thousands of rupees in fines and unpaid council tax.
Many of the clients who approach us have not taken legal advice before deciding to rent out their properties and are often not aware of the law governing HMOs. The law concerning HMO’s is widely drafted and far reaching.
Local authorities can prosecute those managing or having control of a property – this can include not just landlords but also freeholders or managing agents or anyone to whom rent is paid, directly or indirectly. Detailed guidance on a local authority’s policy towards HMO’s can normally be found on their website.
If you have been summonsed in connection with a Local authority HMO prosecution please contact our Delhi office and ask to speak to B.S. Jakhar.