PR2044
25 August 2010
For Immediate Release
Criminal record for landlord without HMO licence
A local landlord running an estate agency in the Town attended Luton Magistrates Court on 9 August and was found guilty of operating an unlicensed House in Multiple Occupation (HMO).
An HMO is a building or part of a building such as a flat occupied by more than one household and where more than one household shares, or lacks, an amenity such as a bathroom, toilet or cooking facilities.
Any HMO of 3 or more stories such as basements and attic rooms, with 5 or more occupants from more than one household, must be licensed by the Council. Failure to apply for or comply with the terms of an HMO licence is a criminal offence.
Properties must meet certain health and safety standards, including the presence of smoke detectors and fire doors, to be granted an HMO licence. These provisions were initially introduced after a student died in a Glasgow flat which had no working smoke detectors and metal bars preventing escape through a window
Although the Council told the landlord in 2008 of the need to license the property to ensure it reached acceptable health and safety standards for tenants, the advice was ignored and the landlord accepted new tenants in the property in Luton in May, June and October 2009.
Magistrates said: “You were advised you needed a licence and even though you applied for a pack you failed to follow it up...This was done to benefit only yourself and not for the safety of your tenants.”
The court fined the landlord, who pleaded guilty to the charge, £1,000 + a £15 victim surcharge and ordered costs of £750.
Cllr Waheed Akbar, Executive member for Housing, said: “Being a landlord isn’t just about making money. Anyone letting out property to tenants, particularly an HMO landlord, has a legal responsibility towards those tenants.”
He added: “Now the court has convicted, the tenants can apply for a Rent Repayment Order, which means they can reclaim 12 months rent back from the landlord because she has broken the law by not having an HMO licence and letting a property which falls below an acceptable standard.”
Any tenant paying rent to a landlord of an unlicensed HMO property can reclaim up to a year’s rent from their landlord if they apply to a Housing Tribunal.
More information for HMO tenants and landlords is available from or or call the Council’s Private Sector Housing Team on 01582 547222 or e-mail
Communications Division Luton Council Town Hall Luton LU1 2BQ