Commentary on Sections Part 2 – Licensing of Houses in Multiple Occupation Section 72: Offences in relation to licensing of HMOs
207.Section 72 makes it an offence punishable by a fine of up to £20,000 if a person controlling or managing an HMO does not have the required licence. However, no offence is committed by a person who has an outstanding application either for a licence or for a temporary exemption. An offence is also committed when a licence holder knowingly permits the HMO to be occupied by more persons than are permitted to occupy it under the licence. This too is punishable with a fine of up to £20,000. It is also an offence to breach any condition of a licence, punishable by a fine not exceeding level 5 (currently £5,000).
208.It is a defence for any of these offences if the person accused can demonstrate a reasonable excuse.