London lettings firm Marble Properties has been given an extra heavy fine for failing to get an HMO licence for a Leytonstone property it was managing on behalf of a client.

Waltham Forest council’s fine for the offence is normally £5,000, but Councillor Khevyn Limbajee, cabinet member for community safety, says: “Our enforcement policy reflects our view that organisations like Marble Properties that specialise in property management should be aware of their legal obligations and that they should expect a bigger fine to be imposed if they do not comply.”

Appealed

If the agency had paid the fine within 28 days, it would have been reduced to £9,000. Instead, they appealed the decision, claiming it was excessive.

The First Tier Tribunal agreed and reduced it to a ‘more appropriate’ £8,000.

Waltham Forest will continue to take a robust approach where there is evidence that landlords and agents have failed to meet their legal obligations.”

The council then immediately appealed the decision and when it got to the Upper Tribunal, it was overturned once again, with the Tribunal saying that the First Tier had misinterpreted the council’s policies on reductions and the original fine of £12,000 was restored.

Limbajee adds: “Waltham Forest will continue to take a robust approach where there is evidence that landlords and agents have failed to meet their legal obligations”.

And the council’s guidance on its website makes its HMO licensing criteria abundantly clear, saying: “Does your property have five or more unrelated people, who form two or more households and share amenities like kitchens and bathrooms?  If so, you need a mandatory HMO licence.”

The fine, though, is relatively low compared to others handed out recently, many of which are in the tens of thousands.

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