If you are being investigated or prosecuted it is vital that you receive expert advice and our team at Lupton Fawcett is experienced in dealing with a wide variety of housing matters.

Investigation

Your first contact with regards to being investigated may be a letter from the relevant authority inviting you to attend a meeting or an interview under caution. If you receive such a letter it is vital that you contact an expert solicitor to assist you as what you say during that interview may significantly effect the investigation and its outcome.

By having us as your legal representative you get the benefit of solicitors who understand what is involved in investigations and unlike many firms, are fully conversant with Police Station procedure.

Houses in multiple occupation (HMO)

We are seeing an increase in enforcement proceedings in respect of houses of multiple occupations. Many landlords remain unaware of firstly, what constitutes a HMO and secondly, the significant financial penalties for breaches of HMO regulations. If you own a HMO then you, as a landlord must meet certain standards and obligations, including extra fire and safety measures.

Your home is a HMO if:
• At least 3 tenants live there, forming more than one household
• Tenants share a toilet, bathroom or kitchen facilities

Your home is a large HMO if:
• It is at least 3 stories high
• At least 5 tenants live there, forming more than one household
• Tenants share a toilet, bathroom or kitchen facilities with other tenants

All large HMOs need a licence from the local council, as well as meeting the standards and complying with the obligations set out in the regulations.

Where Local Authorities discover an alleged breach they will typically invite the landlords to attend an interview under caution and if breaches are found then you can be prosecuted through the criminal courts.

Illegal eviction

As a landlord you must follow the correct procedures when evicting a tenant and a failure to do so is a criminal offence which can result in prosecution through the criminal courts, fines and in some cases, imprisonment.

Examples of illegal eviction include using force or threats to remove a tenant, changing the locks, preventing the tenant from entering the home or parts of the home and not serving the correct notices.

If you are facing investigation or prosecution then you should seek expert advice immediately. Our specialist team is well versed at dealing with the appropriate authorities and aim to avoid prosecution where possible.

Speak to a specialist

If you are facing investigation or criminal charges under the Housing Act, speak to a member of our experienced and highly-regarded team of business law solicitors. Call our Leeds, Sheffield or Yorkshire office and discuss your case with us, or get in touch using the enquiry form on this page.

For immediate assistance please use our 24/7 mobile number 07971 520407.

Get in Touch

Related Blog Posts

Adverse Possession

Invalid Section 21 notices and Gas Safety Certificates – landlords beware

A London County Court recently decided that a failure to serve a gas certificate on a tenant was an absolute bar to the landlord recovering

Pencil iconBy Daniel Edwards on 19th June 2018

Adverse Possession

Considerations for Landlords when Claiming for Dilapidations

The Case: Car Giant Ltd v Hammersmith and Fulham LBC [2017] EWHC 197 (TCC).

Pencil iconBy Hayden Glynn on 23rd March 2018

Supreme Court decision restricts landlord’s right to terminate lease 1

High Court confirms tenant’s property as its ‘only or principal home’ despite evidence of living elsewhere

This case demonstrates that despite it appearing to be obvious that a tenant had ceased to live in the rented property a Court may still

Pencil iconBy Lupton Fawcett on 15th December 2017

Supreme Court decision restricts landlord’s right to terminate lease 1

New penalties for landlords of up to £30,000

New laws came into force on 6 April 2017 giving local authorities in England substantial new powers to penalise rogue landlords and agents.

Pencil iconBy Hayden Glynn on 19th April 2017

What Residential Landlords Need To Know about the Small Business, Enterprise and Employment Act 2015

Changes to licensing of shared houses

The Government plans to extend the scope of mandatory licensing of ‘Houses in Multiple Occupation’ or ‘HMOs’. The proposals include the removal of the storey

Pencil iconBy Rob Cooke on 9th February 2017

Adverse Possession

Recovering the cost of damage to residential property – An everyday tale of country folk

If you listen to The Archers you will know that Usha has given Rob Titchener two months notice to quit Blossom Hill Cottage in Ambridge.

Pencil iconBy Lupton Fawcett on 26th September 2016

Adverse Possession

Disposing of goods left in properties after eviction

In most eviction cases, tenants and squatters remove everything they own from the property – and sometimes plenty of items they don’t own.

Pencil iconBy Lupton Fawcett on 15th March 2016

What Residential Landlords Need To Know about the Small Business, Enterprise and Employment Act 2015

Residential tenancies: what to expect in 2016

From 1 February 2016 all private landlords in England must check that new tenants have the right to be in the UK before renting out their property.

Pencil iconBy Arif Khalfe on 11th January 2016

Why Choose Lupton Fawcett?

Having advised and supported many local families, individuals and businesses, we are proud to offer clients a dedicated service from specialist solicitors who are experts in their field:

We're Award Winning

We were awarded the Legal 500 HR/Employment Law team of the year in 2017

We're Connected

We're connected to the people, businesses and infrastructure throughout Yorkshire

We Put You First

You can be sure to expect superb client service from us. Our clients are our priority

We're accredited

Recognised by leading Legal Directories Chambers & Partners and the Legal 500

Get In Touch Today!

Get In Touch Today!

Please complete this form to make an enquiry and we will get back to you as soon as we can.

Remember you can still call us on 0333 323 5292 or email us at law@luptonfawcett.law

  • This field is for validation purposes and should be left unchanged.