Mohamed & Lahrie v Waltham Forest – No Excuse for Unlicensed HMOs [2020]

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Court: Upper Tribunal
Date: 2020
Topic: HMO Licensing – Strict Liability

Background:

Mohamed and Lahrie were landlords of a property requiring an HMO licence under the Housing Act 2004. The local authority (Waltham Forest) brought action after finding the property unlicensed.

The landlords argued they were unaware that a licence was required and should not be penalised due to their lack of knowledge.

Legal Issue:

Is ignorance of the law a defence for operating an unlicensed HMO?

Decision:

The Tribunal held that:

Operating an HMO without a licence is a strict liability offence.
The landlord’s knowledge or intention is irrelevant, it is their legal responsibility to comply with licensing law.
The landlords were liable, regardless of their claimed misunderstanding.

Legal Impact:

Tenants living in unlicensed HMOs are still eligible to apply for Rent Repayment Orders, even if the breach wasn’t intentional.

Reinforces that landlords must take active steps to understand and meet licensing obligations.

Landlords cannot rely on ignorance as a defence.

Links:

Mohamed & Lahrie v Waltham Forest [2020]

Apply for a Rent Repayment Order (RRO1)

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