Court Summons for HMO

[W1zard43]

I have received a court summons for not registered a house as an HMO

However the summons was sent to an address I moved out of 6 years ago

My questions:

Can I ask for the matter to be set aside as the summons was sent to an incorrect address ?

If I plead guilty am I going to get a huge fine ?

I have applied to register the property and did this a few days after I became aware of the summons

Should I write to the court and as for the matter to be set aside as it was sent to an incorrect address and notify the court that an application has already been submitted to register the property, I did not receive any notification from the Council to register it

[Melboy]

I think you will be on the losing side.

You'll probably be told that ignorance of the new laws after all the publicity is no excuse and the fact that the letter went to an old address is of no consequence.

You can try for a set aside but be prepared for the Courts to refuse such an action.

Mel.

[W1zard43]

I think you will be on the losing side.

You'll probably be told that ignorance of the new laws after all the publicity is no excuse and the fact that the letter went to an old address is of no consequence.

You can try for a set aside but be prepared for the Courts to refuse such an action.

Mel.

Any idea if I plead guilty what penalty to expect ?

[LadyLea]

All cases are subject to finer points - did you abuse your position? how did the matter get overseen?

Can you give a better idea of the story? I am an agent that only deals with HMO, Shared Houses and Lodging.

Cheers

[W1zard43]

All cases are subject to finer points - did you abuse your position? how did the matter get overseen?

Can you give a better idea of the story? I am an agent that only deals with HMO, Shared Houses and Lodging.

Cheers

I registered the rest of the houses but due to an admin error missed this one, I did not received any letter asking me to register this property. But the local authority noticed this house asked the tenants and the next thing I became aware of was a letter arriving at a house i lived in 5 years ago from the local authority containing a summons notice

As soon as I became aware I put in a registration form, with the relevant corgi / elec certs and the fee

Basically the local authority had my curren address but sent the summons to an incorrect address

Let me know, if its a small fine then ok, otherwise if its going to be a bit slap then i may get a solicitor to take a good look over their submission to see if there are any legal holes in it

[Mortitia]

Hi Wizard,

I would say not small slap looking at some of the cases reported in the press recently especially if you go down the route of 'wrong current address' to try and get out of it.

All this is about fire regulations and accountability and you look to have tried to avoid these - probably unintentionally. Just think - name in local paper as they patrol the courts for stories - might even make a red top or local radio (sorry I may be getting a bit carried away) , notoriety as dodgy landlord and devious person - do you really want to go there? Also the council will remember you for life and be thoroughly thorough.

Might be wise to get a brief, see if he can appear on your behalf and be penetent rather than dodgy/clever.

Mortitia