Unlicensed HMO landlord in Slough prosecuted by Borough Council

Slough Borough Council first became aware of the property in Knolton Way, Slough in 2023 and obtained a warrant to enter the premises on 6 September that year in order to investigate allegations that it was an unlicensed HMO. The property was being occupied by nine unrelated individuals, which would require it to be licenced under the mandatory HMO licensing scheme.   

Borough Council officers also found several breaches of the HMO Management Regulations 2006 in relation to fire safety. The property did not have a working fire alarm system, there was insufficient means of escape in the event of a fire, there was a lack of fire doors to the bedrooms (or, where they were present, they were in a poor condition and unlikely to provide 30 minutes’ worth of fire protection) and there was a lack of fire proofing between floors (meaning that, in the event of a fire, any flames could spread quickly).

Further, there was no information displayed informing the tenants of how to contact the owner to report problems at the premises.

The owner of the property was formally requested to provide Slough Borough Council with information regarding the ownership and management of the property and the number of occupiers, which was ignored. The owner also ignored a formal request to provide the Borough Council with copies of tenancy agreements and other documentation relating to the letting of the property.

Detail of offences

The offences relate to Section 72(1) of the Housing Act 2004 (letting a licensable HMO property without a licence), the HMO Management Regulations 2006 and, specifically, regulations 3, 4 and 7 (related to fire safety, maintenance of the property and providing information to tenants), Section 235 of the Housing Act 20024 (ie failure to provide requested documents) and Section 16 of the Local Government (Miscellaneous Provisions) Act 1982 (ie failure to provide requested information).

At Reading Magistrates’ Court, the owner was found guilty on the following eight counts and not guilty on one offence relating to the garden.  

*Offence 1 – Failing to licence an HMO (£1,000 fine)

*Offence 2 – Failing to show name and address (£500 fine)

*Offences 3, 4, 5 and 6 – Management Regulations relating to fire safety (£2,000 fine for each offence)

*Offence 8 – Failing to provide documents (£500 fine)

*Offence 9 – Failing to provide documents (no separate penalty)

In total, Mehmood must pay fines of £9,000 and £5,556.37 in costs.

Councillor Ishrat Shah, lead member for equalities, public health and public protection, said: “I’m delighted to see the court taking these offences so seriously. Tenants deserve to live in conditions which are safe and habitable. There’s no excuse for landlords to abandon their legal duties.”

Shah added: “Let this be a warning to other landlords to check that they are meeting all of their obligations and, if not, they should take immediate action to avoid appearing in court themselves and facing huge financial penalties.”

Licensing requirements

An HMO is any rented property consisting of three or more occupants, forming two or more households, and where there’s some sharing of amenities or where the units of accommodation lack amenities (eg bathrooms, kitchens or toilets).

All HMOs in the Borough of Slough occupied by five or more individuals living in two or more separate households must be licensed and meet specific licensing conditions.

Landlords who fail to licence their properties or comply with their legal responsibilities not only face hefty fines, but also expose themselves to Rent Repayment Orders from tenants. These allow tenants in unlicensed properties to reclaim up to 12 months’ worth of rent from their landlord.

In addition, all HMOs – whether they are licensed or not – are subject to management regulations, which legally require owners/managers of HMOs to ensure the safety of the property including to:

*provide contact details to each household and have them on display

*ensure that all means of escape from fire are maintained and kept free from obstruction, that all fire precautions are maintained and that steps are taken to protect occupants from injury

*ensure annual gas safety checks are carried out

*maintain in repair and keep clean all common parts and installations and ensure common parts have adequate lighting