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14/7/25 8:13 pm
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An HMO landlord has failed in his attempt to quash a £17,000 fine for failing to license and repair his seven-bedroom property.
Colin Davison appealed against two penalties handed to him by Basingstoke & Deane Borough Council as well as its decision to refuse to grant an HMO licence. A First Tier Property Tribunal heard that his house in Winchester Road, Basingstoke, was licensed until October 2023 but an inspection in January 2022 had found various breaches such as multiple fire doors displaying gaps of greater than 4mm.
The authority requested works needed to comply with HMO regulations but another inspection in April 2024 found various breaches and disrepair issues.
The landlord submitted a licence application in May 2024 which wasn’t valid as it was only partially completed and missing supporting documents and the payment. An inspection later revealed that only limited remedial works had taken place. He was fined £7,200 for operating an HMO without a licence and £12,000 for failing to comply with regulations.
Davison, who owns nine rental properties, said he had been suffering from severe stress due partly to tenants failing to pay rent – one of whom had arrears of £200,000. The stress led to a heart attack in April last year.
He told the tribunal that delays in sorting problems were also due to contractors and a lack of clarity from the council. However, once he had received clear advice including input from a fire door specialist, he had completed the work.
The tribunal ruled that his heart attack had occurred many months after the expiry of the HMO licence and didn’t explain his failure to address the defects at the property, while he also had an assistant. The judge added: “The applicant was arguably negligent or at the least lackadaisical in failing to make an effective application to renew the HMO licence.”
It reduced one fine to £5,000 but left the £12,000 fine unchanged and confirmed the council's decision to refuse his licence application.
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