An HMO landlord who blamed a guaranteed rent firm for breaching his licence has failed in his bid to overturn a £7,500 fine.

57-year-old businessman Iqbal Miah, who owns a number of properties, signed a guaranteed rent agreement with Elite Rooms Portsmouth Ltd in October 2020, guaranteeing £1,500 a month for the house at 67 Manners Road, Portsmouth (pictured).

A First Tier Property Tribunal heard that Miah had an HMO licence for five people in five rooms. However, when a Portsmouth Council housing regulation officer visited in June 2023 to discuss the landlord’s application to increase the licence to cover six people, he discovered that a family of three was living in one of the rooms.

Miah argued that he had “no direct involvement in the day-to-day management or inspections of the property”, and was not aware the family had moved in. He also received no increase in rent. The landlord said Elite Rooms held the ultimate responsibility for the property’s condition and management.

Definitely wrong

In rejecting the landlord’s appeal, the judge ruled: “The applicant is very definitely wrong in both of those statements. The applicant held the licence. He took on the responsibilities which went along with that.”

The judge added that it was insufficient to simply pass matters to the agent and take no interest in the management of the tenancies and the letting of the property. “He was obliged to, but failed, to take appropriate steps to ensure that the agent did in fact comply with the terms of the guaranteed rent agreement and so that he, the applicant, complied with the requirements of the licence.”

Councilllor Lee Hunt (pictured), Portsmouth council's cabinet member for community safety, leisure and sport, says: “People living in shared housing must not be exploited. We will be tough on rogue landlords – there are no excuses. The warning is, stick to the rules.”

Portsmouth Council has also served a final notice and imposed a £4,875 fine on Elite Rooms, which it has appealed.

Read the judgement in full.