HMO Management Regulations - Understanding Penalty Notices & Criminal Prosecutions

Introduction

This virtual classroom seminar provides an overview of both the ‘criminal’ and ‘civil’ enforcement frameworks for breaches of HMO management regulations under the Housing Act 2004.

Under section 234 of the Act, failure to comply with prescribed HMO management regulations constitutes an offence. These regulations set out requirements relating to the management and standards expected within certain HMOs.

These offences are commonly prosecuted in the magistrates’ courts as summary only offences, but under section 249A, local housing authorities can also issue financial penalty notices (FPNs) of up to £30,000 as an alternative to prosecution.

Civil financial penalties are relatively new to the enforcement sector. This session will therefore touch on statutory guidance and recent case law governing this highly contentious area of law.

What You Will Learn

This live and interactive session will cover the following:

• A summary of the HMO management regulations under the Housing Act 2004
• The consequences of failing to comply with the regulations including:
• Criminal prosecutions in the magistrates’ courts
• Civil financial penalty notices and the First Tier Tribunal
• An overview of the civil enforcement framework, including the role of the First-tier Tribunal in relation to financial penalty appeals
• Recent case law developments shaping enforcement practice and tribunal interpretation

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.