Westminster landlord fined £28,000 for not knowing new HMO rules

Tope Osazee was told that not knowing that Westminster Council had extended its HMO licensing criteria to include 3-person properties was not a ‘reasonable excuse’.

Sherwood Court entrance

A Westminster landlord was given a huge fine after a change in the licence criteria meant the property now required an HMO licence.

The apartment, in Sherwood Court, London W1, is a three-bedroom self-contained flat located on the second floor in a five-storey purpose-built block of flats with a shared kitchen and two bathrooms.

From 27 August 2021 to 25 August 2023, the apartment was occupied by at least three persons, living in separate households and occupying the property as their main residence.

HMO licensing extended

In April 2021 the Council extended the requirements for HMO licensing to include properties that were occupied by three or more persons and comprised of two or more households and applied it to the entire district of the City of Westminster.

When Osazee was brought before the tribunal by three of his former tenants, he claimed he had a reasonable excuse for not having a licence as he believed it was the council’s responsibility to inform him of the rule changes. He said it had only done so in April 2023 and that he had almost immediately applied for and got an HMO licence.

Ignorance is not an excuse

The Upper Tribunal responded, however, by saying that ‘ignorance is not an excuse’ and that it was in fact, Osazee’s responsibility to keep himself informed on the latest regulations, especially as it considered him a ‘professional landlord’ and he was ordered to pay fines and rent repayment orders totalling over £28,000.

One tenant received a rent repayment of £8,729.95, another received £5,763.03 and a third got £6,393.27. Osazee was also ordered to pay £320.00 in application and hearing fees.

Click here for full tribunal details.


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