[2025] UKUT 196 (LC)

Is a residential letting agent who is instructed on a “let only” basis to let a room in an HMO, and who has no further involvement with the property after receiving a single instalment of rent on the day of the letting, a “person managing” the HMO within the meaning of section 263(3) of the Housing Act 2004, so as to be subject to statutory duties in relation to HMO licensing and management and to be exposed to the risk of criminal or civil sanctions in the event of a breach of those duties?

That question arises in this appeal from a decision of the First-tier Tribunal, Property Chamber (FTT) by a director of a residential letting agency on whom a financial penalty was imposed by a local housing authority under section 249A of the Housing Act 2004 in respect of the agency’s alleged involvement in the control or management of an unlicensed HMO contrary to section 72(1) of the Act.

The appellant, Mr Kartal Cetin, is a director of Discover Residential Ltd (the Company), a letting agency in Essex. By a final notice served on him by the respondent, Epping Forest District Council, on 20 April 2023, Mr Cetin was personally made subject to a financial penalty of £7,064.32 after the Company had let rooms in an HMO at 90 Borders Lane, Loughton to two tenants.

Mr Cetin appealed against the financial penalty to the FTT, but it was satisfied that he had committed the relevant housing offence. It took a different view of the appropriate punishment from the Council and reduced the penalty to £3,532.16.

Mr Cetin now appeals with the permission of this Tribunal against the FTT’s finding that he had committed the offence of being a person having control of or managing an unlicensed HMO.

Mr Cetin notified the Tribunal on the afternoon before the hearing of his appeal that he would be unable to attend because of an unspecified “family emergency” and requested an adjournment. As this request was not supported by any proper explanation of the suggested emergency I refused it. Mr Cetin did not attend the hearing, but I was satisfied having regard to the issue in the appeal that it was in the interests of justice for the appeal to proceed in his absence. A colleague of Mr Cetin’s, Mr Gurkan Oba, did attend the hearing. I permitted him to make a statement on behalf of Mr Cetin which, in the event, contained nothing inconsistent with the FTT’s findings of fact. The respondent local housing authority was represented by Niamh O’Brien.