HMO Licence Prosecution Victory
SMW acted for a ‘for profit’ housing association which was prosecuted by the London Borough of Haringey for failing to obtain an HMO licence.
‘For profit’ housing associations are exempt from licencing if the property is let at beneath the market rate.
After a trial, the District Judge ruled that the prosecution had failed to prove to the criminal standard that the property was not let at beneath the market rate.
The prosecution and defence had both called evidence from surveyors as to the market rent. The borough had brought the prosecution as a test case.
The case was prepared by David Sonn who also acted as advocate at the trial.