An attempt to fine the operator of an unlawful HMO fell through because the town hall failed to issue it in time, reports Sebastian Mann, Local Democracy Reporter
Waltham Forest Council’s attempt to fine the operator of an unlawful HMO more than £15,000 fell through because the town hall failed to issue it in time.
Council officers inspected the HMO – or house in multiple occupation – in Lea Bridge Road on 21st September 2023, where they found three tenants had been living there for two months. It had previously been occupied by a single family.
The management had not applied for a new HMO licence, which legal firm London Property Licensing – which worked with the landlord at First Tier and Upper Tribunal hearings – said was due to an administrative oversight.
Six months later, on 20th March 2024, the council mailed the landlord a fine of £19,000 for operating the HMO without a licence.
Despite the letter being sent by first class post, the landlord did not receive it. A further six months on, the council issued a final penalty of £15,600, which the landlord challenged.
The judge’s decision in the intricate case was down to the timing of when the council posted the first time.
Authorities are required, by law, to issue a notice of intent within six months of the day they have “sufficient evidence”.
The First-Tier tribunal ruled that to be the day the officers visited, and not the following day as the council argued, and as a result Waltham Forest was too late. The letter would have arrived on 22nd March – two days late.
At the Upper Tribunal hearing, judge Neil Cadwallader found the council had misinterpreted the time limit for serving a notice of intent and dismissed its appeal.
The council says it is weighing up taking the case further on, to the Court of Appeal, where the ruling could be overturned.
A spokesperson told the Local Democracy Reporting Service it was “considering [its] options following this ruling with a view to taking our case to the Court of Appeal”.
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