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Successful court hearing upholds penalties for HMO breaches

Posted on 8th April 2024

In a recent tribunal court hearing, Mr. Nigel William Harry Hobbs and Mr. James Robert Hobbs faced financial civil penalties imposed by Boston Borough Council regarding properties at 123 and 125 Norfolk Street, Boston. The case focused on violations of the Housing Act 2004 and the Management of Houses in Multiple Occupation (HMO) Regulations 2006.

The penalties imposed on Mr. James Robert Hobbs for managing a HMO in breach of regulations amounted to £5,750, while Mr. Nigel William Harry Hobbs faced similar charges with penalties totalling £5,750. Additionally, Mr. Nigel William Harry Hobbs incurred a financial penalty of £10,000 for operating a HMO that required a mandatory licence without having one and £1,500 for breaching Management of Houses in Multiple Occupation (HMO) Regulations 2006.

The appeals against the financial penalties relating to 125 Norfolk Street, Boston, centered on whether the property was intended to be run as a HMO. Both Appellants argued that the property's classification as a HMO was due to the actions of a tenant and that the regulations were not breached.

The court upheld the penalties, highlighting the seriousness of non-compliance with HMOs and their respective management regulations. The ruling underscores the importance of maintaining standards in property management and ensuring the safety and well-being of tenants.

Cllr John Baxter, Portfolio Holder for Housing at Boston Borough Council, said: "We welcome the court's decision to uphold the penalties for violations of HMO and management regulations. These regulations are in place to ensure the safety and well-being of tenants and to maintain standards in property management.

"It is crucial for landlords and property owners to adhere to these rules to protect the interests of residents and the community as a whole. We urge all individuals involved in property management to prioritise compliance with regulations to create safe and healthy living environments for everyone."