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I am facing a charge under s72(1) HA 2004, for running an HMO without being licensed, there are two defences, first is under s72(4a) that at the material time a notification had been duly given under s62 of the Act, the second is s72(5) a reasonable excuse for running an HMO without being licensed..
The notification was made after the house became licensable and I remain open for prosecution to the date of the notification, however the defence under s62(1) is contradictory :"where a person having control of or managing an HMO which is required to be licensed under this Part but is not licensed, notifies the LHA of his intension to take particular steps with a view to securing that the house is no longer required to be licensed".
Section 62 of the Act exonerates the person for the short period when he was not licensed to when the notification was made
The defence of a reasonable excuse under s72(5);- the LHA served an Emergency Prohibition Order (EPO) on the same day as they informed that the house was required to be licensed, the Order was made as there was a serious risk to the health and safety of the occupants in case a fire broke out and required immediate action, the EPO took priority over a licensing application.
Look forward to any comments,
Sam
The notification was made after the house became licensable and I remain open for prosecution to the date of the notification, however the defence under s62(1) is contradictory :"where a person having control of or managing an HMO which is required to be licensed under this Part but is not licensed, notifies the LHA of his intension to take particular steps with a view to securing that the house is no longer required to be licensed".
Section 62 of the Act exonerates the person for the short period when he was not licensed to when the notification was made
The defence of a reasonable excuse under s72(5);- the LHA served an Emergency Prohibition Order (EPO) on the same day as they informed that the house was required to be licensed, the Order was made as there was a serious risk to the health and safety of the occupants in case a fire broke out and required immediate action, the EPO took priority over a licensing application.
Look forward to any comments,
Sam
