Drink & Drug Driving – Fixed Fee Nationwide Representation from £300
Lucinda Dore has over 19 years of expert Drink and Driving Solicitor experience representing people facing Drink & Drug Driving charges in courts and police stations her reputation and unremarkable success take her all around the country . Lucinda Dore Drink Driving Solicitors are often approached by clients who have never been in court before and don’t know where to turn. Most of our clients did not realize that they were over the legal limit to drive or perhaps their judgement was misguided by alcohol in their system at the time.
Lucinda Dore’s clients are often first time offenders who need help and guidance; it can be daunting the prospect of attending court. We can make the process easier for you - achieving the best possible outcome for you.
We are often asked the following:-
Do I need a Solicitor to attend court for me for a Drink or Drug Driving Charge?
We often hear from people who find in hindsight that it was a mistake to attend court alone when they realize that they will need to stand and mitigate their actions in open court before a Judge or Magistrate.
Lucinda Dore Drink Drug Driving Solicitors can assist you by presenting your case to the court on your behalf - We do the talking for you.
We will take your full instructions about the offence and your personal circumstances and we will be able to advocate in court for you, selecting the most important information that the court will need to hear with a view to achieving the best possible outcome for you. We will ensure that you are fully advised of process and are fully prepared for what will happen in court. We will also be able to advise you if you have any grounds to appeal against a sentence given.
Do we offer fixed fees for Drink or Drug Driving Representation?
Yes – we will always be able to agree a fixed fee for a first (and usually the only) court appearance for Drink or Drug Driving offences, this way everyone knows where they stand.
Lucinda Dore Drink Driving Solicitors are clear and transparent about our Drink & Drug Driving Legal Fees.
|LUCINDA DORE DRINK & DRUG DRIVING SOLICITORS FIXED FEES (1ST COURT HEARING)|
|FREE Initial telephone Solicitor consultation to discuss your case||FREE|
|Brighton Magistrates Court Solicitor Fee||£300|
|ANY SOUTH EAST MAGISTRATES COURT Solicitor Fee - including Amersham, Ashford, Basingstoke, Bromley, Croydon, Eastbourne, East Berkshire, Folkestone, Guildford, Hastings, Horsham, High Wycombe, Lavender Hill, Maidstone, Portsmouth, Reading, Sevenoaks, Slough, Staines, Sutton, West Hampshire, Wimbledon, Willesden||£500|
|WE CAN REPRESENT YOU IN ANY COURT IN ENGLAND - CONTACT US NOW FOR A QUOTE|
What do I get for my fixed fee?
We don’t judge, we are here to listen, advise and expertly present your case to the court
Lucinda Dore Benefit Fraud solicitor is highly experienced in Benefit Fraud having specialised in this niche area of law for many years. She has a remarkably successful reputation for defending benefit overpayments and fraud allegations and has been assisting benefit claimants facing Benefit Fraud allegations by the DWP (Jobcentre), HMRC and local authorities for over 19 years. She will tailor her advice to each individual client, providing bespoke personal representation and her reputation leads her to assist client all around the country. She can assist you from start to finish with the Benefit Appeal (including the Tribunal) if you disagree with the overpayment, represent you at your Interview under Caution and at you Court Hearing if needed. In short, she will be by your side to make sure that you are well represented whether you accept the allegation or not.
We know that facing a Benefit Overpayment or Fraud allegation can be incredibly daunting. Most of our clients have never been in trouble with the law before and are usually professionals or parents who don't know where to turn to. We can help.
Lucinda Dore Benefit Fraud Solicitor will always listen, understand and help her clients by providing a non judgmental, step by step professional and personal service to her clients. Her clients are often reassured by the ability to speak to her direct at any time via telephone or email and often praise her for her extensive knowledge of the law whilst maintaining her friendly and and approachable manner. Lucinda Dore will be able to liaise with compliance or fraud officers to assist in any investigation - she will be able to liaise with the prosecution if you have received a summons to attend court and will attend with you at the interview under caution or court appearance. You do not need to face this alone, Lucinda Dore will be with you every step of the way to ensure you receive clear, accurate and professional advice and have the right solicitor by your side to defend your case for you.
Lucinda Dore is also asked to assist clients who feel trapped, knowing that they need to report a change of circumstances but fear that they have left it too late and therefore fear an investigation - Lucinda Dore can help you to volunteer a change of circumstances. Whatever the Benefit Fraud issue, we can help.
We can assist in any benefit fraud investigations or prosecutions including:-
- Failing to notify change in circumstances affecting benefits
- False Representation
- Cohabiting allegations
- Disability fraud
- False allegations
- Excess Capital
We are clear and transparent about our fees and can usually agree a fixed fee as shown below for our representation - that way you know where you stand from the outset. We will always try to accommodate our clients means where we can why not make use of our free telephone consultation and see how we can help.
|LUCINDA DORE BENEFIT FRAUD SOLICITORS FIXED FEES|
|FREE Initial telephone Solicitor consultation to discuss your case||FREE|
|Solicitor Consultation regarding any Benefit Fraud Matter (Virtual)||£200|
|Solicitor Attendance and Representation at your Benefit Fraud Interview Under Caution||£500 *|
|Solicitor Representation at Magistrates Court (first hearing)||£500 *|
|Solicitor Representation at Magistrates Court Trial||£1000 *|
|Solicitor/Barrister Representation for Crown Court||Quoted on request|
|* Travel surcharge applies to courts and locations outside south east|
Our Senior Solicitor Lucinda Dore has a strong and highly regarded reputation for successfully challenging DWP, HMRC and Local Authority decisions at Appeal Tribunals over her many years of practice. Her reputation and success rate takes her all around the country.
Clients praise Lucinda Dore Benefit Appeal Solicitor's approachable and friendly yet highly experienced, organised and well presented case preparation for Benefit Appeal Tribunals, whether this is assistance with the preparation of the appeal or advocacy at the appeal hearing itself.
Lucinda Dore Benefit Appeal Solicitor knows that your appeal is important to you and she will do all that she can to get the right result for you. Lucinda will sympathetically listen to your own case and apply that to the benefit laws and regulations. Lucinda has been conducting Benefit Appeal Tribunals for over 19 years so she can clearly advise the law in clear knowledgeable language and help you decide whether to proceed with your appeal.
We often find that clients do not know where to start when challenging a decision of the DWP, HMRC or Local Authority - We provide a free no obligation telephone consultation for any person who needs help challenging a decision - It can be daunting and at times exhausting challenging a DWP, HMRC or Local Authority decision - We are here help - let us do the hard work for you.
We can guide you every step of the way through the Benefit Appeal process including the following:-
- Mandatory Re-considerations
- Arguments of Official Error
- Supercessions of decisions
- Benefit Appeal Tribunals - including PIP, ESA & Housing Benefit decisions
We are open and transparent about our fees and will always try to accommodate our clients financial circumstances where we can - Lucinda Dore Benefit Appeal Solicitor will discuss the appropriate service for your personal case during your FREE initial telephone consultation.
Contact Lucinda Dore Today for help firstname.lastname@example.org
How to challenge a DWP decision
The DWPs role is to assist those who are in need of financial support due to their own personal circumstances but they can at times make the wrong decision. This may be for a number of reasons but it is usually because insufficient information has been provided to them (ie. By the claimant themselves or another party such as a medical professional). A wrong decision may have been made because the DWP has misunderstood a claimant’s medical condition or personal circumstances or simply because they do not accept the information provided. It can be difficult to sufficiently explain your situation to claim the benefits you are entitled to or you may have forgotten to provide key information to assist your claim. Lucinda Dore Legal Services can help you with this.
Any person is entitled to appeal against a decision made about them or a person that they care for but there is a strict process that needs to be followed:-
Step 1 – Request a Mandatory Reconsideration
You may request a Mandatory Reconsideration within 1 month of the DWP decision being reached. A Mandatory Reconsideration is in simple terms a request that the DWP have another look at their decision as they may reconsider it.
There are a number of ways that you can request a Mandatory Reconsideration (you will find the contact details for all the options on the original decision letter):-
If you are not quite sure whether you wish to request a Mandatory Reconsideration, you can simply request a written statement of reasons, which provides more information than the original decision letter – the statement of reasons will explain why they made their decision (this does not apply to PIP decisions as the statement of reasons will be provided with the original decision). Be careful with the time limits for this however as if you do decide to proceed to a Mandatory Reconsideration – you must do so within 14 days of the statement of reasons.
We can help you making a mandatory reconsideration as the DWP may change their mind with further explanation and information avoiding the need for a formal appeal as explained next -
Step 2 – Appeal to the Social Security & Child Support Tribunal
If, after your request for the Mandatory Reconsideration, the decision has not been changed, the next step is to appeal to an independent Tribunal.
You must appeal within 1 month of the date of the Mandatory Reconsideration.
Appeals are decided by the Social Security & Child Support Tribunal who are independent from the DWP.
At the Appeal Tribunal Hearing a Judge and/or independent medical professionals will make a decision whether the original decision was correct. You will be able to attend the hearing yourself to give live evidence about your situation and you will be able to submit further evidence in support of your appeal.
We can assist you at any stage of the appeal process. Contact us today and we can advise you how best to proceed with your appeal.
Arguments of Special Reasons - An argument not to endorse a licence with Penalty Points
Where a person pleads or is found guilty of a Road Traffic Offence their licence will usually be endorsed with penalty points. There are some circumstances however in which an argument of ‘Special Reasons’ not to endorse can be made before the court.
What are Special Reasons?
‘Special Reasons’ relate to the particular circumstances of the offence (not the offender) – for example not realising that your drink had been spiked, not realising you were not insured or driving in an emergency.
The Road Traffic Offenders Act 1988, s.34 (1) outlines what a special reason is – A Special Reason must relate to the offence; circumstances peculiar to the offender cannot constitute special reasons.
A special reason must:-
be a mitigating or extenuating circumstance;
not amount in law to a defence to the charge;
be directly connected with the commission of the offence;
be one which the court ought properly to take into consideration when imposing sentence.
If a court accepts that there are Special Reasons applicable to your case, whilst you would still be Guilty of the offence, your licence will not be endorsed with penalty points for that offence or the magistrates may decide to endorse your licence with fewer points than they would have if Special Reasons did not exist. This is particularly helpful if you already have penalty points and are at risk of totting up points to lead to a disqualification.
What if Special Reasons don’t apply to my case?
If the court decides that Special Reasons do not apply to your case you may have particular circumstances connected to you which may encourage the court to treat you more leniently in any event. This is referred to as personal mitigation.
Lucinda Dore Legal Services has particular experience assisting clients with arguments of Special Reasons and making arguments of leniency based on a client’s personal mitigation. We will always assess every case on their own particular merits and endeavour to achieve the best possible for you.
Contact LD LEGAL for advice about your case – we will be able to advise you whether you might have a potential case for Special Reasons to apply.
Blue Badge Offences
Lucinda Dore Legal Services can assist you if you have been asked to attend an interview or have been summonsed to attend court for a wrongful use of a disabled badge offence (also known as Blue Badge Offences).
Local authorities are prosecuting Blue Badge offences more and more and we are often asked to assist people who have unintentionally misused a disabled badge or did not appreciate the serious implications that follow from doing so.
Issuing a summons for a Blue Badge offence is often a council’s last resort and we may be able in certain cases to ask the local authority to reconsider a prosecution against you.
We can attend court with you. We will listen carefully to your instructions and advise you of the law. We will help you decide whether you should plead Guilty or Not Guilty. At court we will either present your best mitigation to the court with a view to achieve the most lenient penalty or if pleading Not Guilty we will robustly defend your case for you.
Wrongful Use of Disabled (Blue Badge) Law
You may be accused of two possible offences in law.
Section 117 of the Road Traffic Regulation Act 1984 is the least serious of the two offences.
Section 117(1) stipulates that a person is guilty of an offence if they wrongfully:-
It is a defence if the badge was issued correctly and displayed in accordance with the regulations made under it.
The Disabled Persons (Badges for Motor Vehicles)(England) Regulations 2000 details the only circumstances in which the disabled badge can be displayed in a vehicle:-
The penalty for a S117 conviction at court is a Financial Penalty.
Section 115 of the Road Traffic Regulation Act 1984 is the more serious of the two offences.
Section 115 is committed if with intent to deceive a person uses, lends or allows to be used a disabled badge. It is as per Section 117 above but more serious as evidence of a deliberate attempt to deceive (e.g. pretending to be the badge holder or tampering with badge itself).
For a Section 115 offence the prosecution need to prove that the disabled badge was used (displayed) and that you intended to deceive (i.e. that you intended to deceive a parking warden/the council to believe that you were entitled to park in the parking bay without paying).
A Section 115 offence in serious cases can attract a custodial sentence although is usually sentenced by way of a Financial Penalty or a community order such as unpaid work in the community or an electronically monitored curfew.
We have particular experience in these matters. Contact us for advice and assistance today via email – Lucinda@ldlegalservices.co.uk or 03332420691 we will always offer a free consultation over the phone about your case.
Lucinda Dore Legal Services are able to offer advice, assistance and advocacy for all road traffic offences including Dangerous Driving offences.
We appreciate that a driving licence can be of immense importance to people whether it be for work or personal reasons. Being arrested for dangerous driving can be daunting and, if charged, the court date can become a long agonising wait, especially for those who have never been in a court room before who simply want to know what the likely outcome will be.
Any driver commits a Dangerous Driving offence if the court is of the opinion that their driving fell far below what would be expected of a competent and careful driver and that it would be obvious to a competent and careful driver that driving in that way would be dangerous. (Section 2A of the Road Traffic Act 1988).
Any conviction for such an offence will result in a Disqualification from driving (unless we are able to argue that you have Special Reasons not to be disqualified from driving) for at least one year. Most convictions result in a Community Penalty punishment such as unpaid work in the community or an electronically monitored curfew or in the worst cases up to two years imprisonment.
How can LD Legal Services help you?
We will be able to attend the police station for any person who has been asked to attend an interview under caution for this offence. We can usually agree a fixed fee with you dependent on the police station you are asked to attend and the complexity of the case, this means you know where you stand at the outset.
If charged with Dangerous Driving we will be able to attend any court with you and represent you. We can usually agree a fixed fee with you for straight forward dangerous driving offences.
We will listen very carefully to enable us to prepare your mitigation for court and will discuss the likely outcome of the court hearing to ensure that you are fully prepared.
We will provide robust representation to keep the length of disqualification and sanction to a minimum if appropriate and help defend your case if you wish to plead Not Guilty.
Call now for clear and confidential advice 03332420691 or email email@example.com
Driving without Due Care & Attention (Careless Driving)
LD Legal can help you if you are facing an allegation of Driving without Due Care and Attention. We can provide you with expert help following an accident, there is often some confusion about what amounts to a simple accident to be dealt with by insurance companies and what leads to police involvement and an investigation for Driving without Due Care and Attention – we can provide expert advice and assistance to help you.
What is Driving Without Due Care & Attention?
Section 3ZA of the Road Traffic Act 1988 describes Driving without Due Care & Attention as driving which falls below the ‘standard expected of a competent and careful driver’.
What amounts to the appropriate standard expected is not defined in law – this is for the court to decide according to the particular circumstances of the accident as of course no accident is ever the same but examples include the following:-
- Turning into oncoming traffic
- Doing something else whilst driving (eating, reading a map, distracted by the Sat Nav etc)
- Inappropriate overtaking
- Not following the Highway Code
What will happen if I am found to have driven without Due Care & Attention?
If the police are involved and want to interview you this usually means that they are investigating you for the offence. If the police believe that your driving fell below the standard of a competent and careful driver they may offer you a drivers awareness course, a Fixed Penalty Notice or Summons you to attend court.
A summons to attend court is more likely if the accident caused significant damage or injury to a person. Our specialist advice and assistance can help achieve the best outcome for you. We can be present in the interview which can take place at your home address or the police station. We can liaise with the police on your behalf to obtain as much information as possible before the interview.
If you receive a summons to attend court we can advise you of the evidence against you, explain the law and your appropriate plea. We can expertly advocate your case to the court presenting the court with your own personal mitigation with a view to achieving the best outcome for you or if you wish to challenge your case we will prepare your case for trial, providing expert advocacy to robustly defend the case against you.
What will happen if I receive a summons to attend court?
If you plead guilty or are found guilty of Driving without Due Care and Attention the court will impose 3-9 penalty points, costs and a Fine or worse case scenario may impose a disqualification from driving – generally the worse the standard of driving the more serious the punishment.
Make sure you are protected with specialist legal advice. Contact us now for a free no obligation discussion about your case or to discuss a fixed fee quote with us 03332420691 firstname.lastname@example.org
We can help you if you have received a Conditional Offer of a Fixed Penalty or a Summons to attend court for Driving without Insurance.
Many drivers do not realise the severity of the law relating to Driving a Motor Vehicle without insurance. We know of course that most people would not intentionally drive a motor vehicle without insurance, but we find that many clients do not realise that Driving without Insurance is a strict liability offence. This means that a driver is guilty of driving without insurance, even if they thought that they were insured.
An offence under Section 143 of the Road Traffic Act 1988 arises if a person uses a motor vehicle on a road whilst uninsured. A conviction will follow irrespective of whether that person knew or not that the vehicle was insured.
Examples of people that have been caught up in this strict law are, drivers who didn't realise that a direct debit for an insurance payment did not go through, people who thought they would be covered under 3rd party insurance or people who had trusted another person to arrange insurance for them. These are only a few examples of the endless circumstances that can catch drivers out.
A driver caught driving without insurance will be liable to a Fine and six penalty points. This is particularly worrying for a person at risk of totting up 12 points to lead to a disqualification.
We may be able to help you as although not knowing that you were not insured is not a defence alone, we may be able to persuade the court that there are 'Special Reasons' relating to the commission of the offence. If Special Reasons are found, a court may exercise its discretion to impose fewer penalty points or in best cause scenario none at all.
We can also assist you by attending court with you or to argue Exceptional Hardship for you if you are at risk of accumulating 12 or more penalty points.
Contact us now - we can explain the law for you - we will be able to advise you whether to accept a conditional offence of Fixed Penalty by post or to request a court hearing to argue Special Reasons.
We can assist any person who is to be interviewed by the police for a Driving Whilst Disqualified offence or has already been charged and is due to attend court.
The courts take Driving Whilst Disqualified offences seriously. The offence carries a maximum term of imprisonment of 26 weeks. We can assist any person who wishes to deny the charge at court by pleading Not Guilty or we can attend court to mitigate on your behalf to seek to persuade the court to impose the most lenient penalty available.
The courts have a sentencing range from a Financial Penalty to imprisonment. The courts will use the Driving whilst Disqualified sentencing guidelines set in law to decide on the appropriate sentence - the more serious the offence, the more serious the penalty. For example the courts may seek to impose a term of imprisonment for a person who has very recently been disqualified and there is evidence of a long distance being driven and badly. However, the courts may be sympathetic and impose a Fine for someone for example who mistakenly drove the day before their disqualification ended and only drove a short distance. We can attend court for you to direct the Judge or magistrates to the mitigating factors of your case. We know that it can be difficult for a non lawyer to clearly explain themselves in court or to understand the sentencing guidelines, we can do all that for you making your court appearance easier for you.
Bearing in mind the potential serious sentencing implications for this offence we always advise any person facing an interview or court appearance to have an experience solicitor in court by your side.
Driving without a Licence is also referred to in law as Driving otherwise in accordance with a licence. This offence is punishable with between 3 - 6 penalty points (or a discretionary disqualification) and a Fine up to £1000.
We can assist any person facing an investigation or is has received a summons to attend court for this offence.
The Law - Driving Otherwise in Accordance with a Licence
Section 87 of the Road Traffic Act 1988 stipulates that it is -
(1) an offence for a person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class; and
(2) an offence for a person to cause or permit another person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising that person to drive a motor vehicle of that class.
This offence also covers where a provisional licence holder has failed to comply with the conditions of his provisional licence - e.g. driven unaccompanied or without displaying 'L' plates.
We can provide expert Road Traffic Legal Help - we can advise you if you have a Defence in law or have an argument of Special Reasons.
We offer a free telephone consultation for any person who faces an investigation or charge for this offence.
LD Legal Services can assist any person or business who faces an investigation or prosecution for fly tipping. We can attend an interview with you at the council offices or attend court to provide advocacy to mitigate your offence or to defend the charge to protect you or your business.
We often find that people unknowingly commit this offence - we can explain the law clearly for you.
What is Fly - tipping?
Fly tipping is the 'illegal dumping of waste, items or materials', this can include a workman disposing of materials and waste on public land or the leaving of furniture on a pavement for others to reuse.
You can also be guilty of the offence if you hand another person your waste and they dispose of it incorrectly - the law requires that you to take all reasonable steps to avoid the offence happening which includes making sure that a workman at your property has a licence to dispose the waste.
What does the law say?
There are a number of different statutes that cover the offence of fly tipping but the main offences are under Section 33 & 34 of the Environmental Protection Act 1990.
Section 33 of the Environmental Protection Act creates the following offence:-
Section 33(1) - A person shall not-
- deposit controlled waste or knowingly cause or knowingly permit controlled waste to be deposited on any land unless the deposit is in accordance with the licence.
It is a defence under Section 33(7) to prove that you -
- took all reasonable precautions and exercised all due diligence to avoid the commission of the offence; or
- the acts were done in an emergency in order to avoid danger to human health and that all reasonable steps were taken to minimise pollution of the environment and harm to human health; and
- the acts were reported to the waste regulation authority as soon as reasonably practicable after they were done.
Section 34 of the Environmental Protection Act 1990 imposes a duty of care on any person who imports, produces, carries, keeps, treats or disposes of controlled waste or has control of such waste to -
- prevent contravention of the waste disposal laws by any other person,
- to prevent the escape of waste
Section 34(2A) - imposes a duty of the occupier of any domestic property to take all such steps as are reasonable to secure that any transfer by him of household waste produced on the property is only to an authorised person or to an authorised person for transportation purposes.
What is the penalty for Fly tipping?
The courts usually impose a Financial Penalty for minor offences but more serious offences (such as repeated offences, large amounts or dangerous waste) can be sentenced by a term of imprisonment.
For further expert advice and assistance relating to Fly - Tipping offences contact us for a free telephone consultation about your case:-
Food Safety & Hygiene investigations and prosecutions
LD Legal appreciate that running a successful small food business can be difficult at the best of times but to be faced with an investigation or prosecution can be hugely damaging for a business as not only are they usually sentenced by way of large financial penalties (or in serious cases a term of imprisonment), they can also come with bad publicity, particularly if the local press report the court proceedings. Lucinda Dore can defend any council prosecution and has assisted restaurants, bars and other small food businesses for a number of years.
We can assist you to challenge offences such as failing to comply with the Food Safety (General Food Hygiene) Regulations 1995 or offences contrary to the Food Safety Act 1990. We can also assist those who wish to accept their wrongdoing by providing mitigation to reduce the punishment and has on many occasions successfully negotiated direct with the prosecuting councils to reduce the number of charges that a business faces.
Lucinda Dore Legal Services are always willing to offer fixed fee representation so that you know where you stand from the outset.
Failure to secure child's regular attendance at school
We can assist you if you have been summonsed to attend as a parent of a child who has failed to attend school.
We are often approached by parents who are honest law abiding citizens yet have been unable to secure their child’s attendance at school who find themselves being summonsed to attend court.
If your child is of compulsory school age who is registered at a school but fails to attend regularly at the school, you as the parent are guilty of a criminal offence.
This can often come as a shock to parents; especially if they feel that they have done all that they can to try to secure their child’s attendance.
Should you find yourself in this predicament contact LD Legal Services. We can assist by attending court to represent you. We can review the evidence which the local authority have against you and advise you whether to plead Guilty or Not Guilty. We have previously heard parents enter a court room to admit an offence not realising that leaves them with a criminal conviction with high prosecution and court costs and a Financial Penalty which can affect their lives, such as their employment, despite them doing all that they can to secure their child’s attendance.
Should it be appropriate to plead Guilty to the offence we will mitigate to the court on your behalf so that the Magistrates or Judge can hear your side of the story. We will fight your corner so that leniency is exercised on you when needed to get you the best possible outcome. We have on occasions been able to persuade the local authority not to proceed with a prosecution against our clients if they simply don’t have enough evidence that the offence has been committed or it would not be in the public interest to do so.
If we advise you to plead Not Guilty to the offence we will represent you at your trial and cross examine any witnesses that are called to give evidence by the prosecution. This is particularly important if you are accused with the more serious offence of knowing that you child has not been attending but failing without reasonable justification to do cause them to attend school.
We can assist you in relation to any education act offence which you may face. Feel free to contact us for a confidential chat about how we may be able help.
Landlords advice for alleged breaches of HMO laws
Lucinda Dore Solicitor can assist Landlords accused of any the draconian laws affecting the management of Houses in Multiple Occupation (HMOs).
It can be difficult for Landlords to keep up to date with their ever changing legal requirements. We are often approached by landlords who were either unaware that they were committing legal offences or require assistance to prepare their best mitigation for court to achieve the best possible outcome. Most offences are dealt with by way of a Fine which can lead to many thousand – we can help you to reduce the amount of fine by preparing your own personal mitigation using our expert knowledge and experience.
Many landlords do not appreciate the implications of breaches which can lead to prosecutions in the criminal courts. A conviction for a HMO offence can have serious implications for future HMO licence applications which require a ‘fit and proper’ requirement to be met by applicants.
We can also help businesses who need guidance to explain the relevant laws to ensure offences are not committed in the first place.
What is a HMO?
A HMO is a House in Multiple Occupation rented to at least 3 people who are not from the same household (i.e. family) but have shared facilities such a bathroom and kitchen – often referred to as a Houseshare.
Many council’s require landlords to have a licence to operate a HMO.
These licences usually last for 5 years and have conditions i.e. that the house is suitable for the number of occupants, the manager of the property or agent does not have a criminal or record of previous breach of landlord laws or code of practice.
Houses in Multiple Occupation (HMO) offences
Section 72 Housing Act 2004 – HMO without a licence or in breach of a licence
Being a person having control or management of a HMO without a licence when required to have one or failing to comply with the conditions of a licence granted.
These offences are punished by way of an unlimited fine.
We can help you establish if you have a defence of reasonable excuse for non compliance.
Section 234 Housing Act 2004 – Failure to comply with council Managing Regulations
Councils may impose regulations to ensure satisfactory management arrangements and standards of management are observed (for example in respect of the repair, maintenance, cleanliness and good order of the house and facilities and equipment in it).
It is an offence to comply breach these regulations. It is a defence to prove that you had reasonable excuse for failing to comply.
Do I need Planning Permission to rent out a HMO?
The Town and Country Planning (General Permitted Development) Order 2015 grants planning permission for a change of use from C3 single dwelling property to C4 House in Multiple Occupation.
However, Change of use of a C3 dwelling property (used by a single person or family) to C4 House in Multiple Occupation (up to 6 unrelated individuals) will require Planning Permission if the council requires, having enforced an Article 4 Direction under the Town and Planning Act 1990 (amended) that removes the permitted development rights for change of use from C3 to C4. More and more councils are enforcing Article 4 Directions – particularly if there is a large number of HMOs in the area.
We can help you find out if your intended HMO use of a property requires planning permission or a licence.
Lucinda Dore Benefit Appeal Solicitor continues with her high Success rate and wins yet another PIP Appeal - can she keep up her 100% Success rate so far this year? This very happy customer sought Lucinda Dore Benefit Appeal Solicitors help after the DWP failed to recognize how her daughters Autism affected her on a day to day basis - She has now been awarded her PIP with a full backpayment from the date that she first made a claim. If you've ever wondered Do I need a solicitor for a PIP Appeal? This is a good example to help you answer that question. Lucinda will always offer a free telephone consultation to discuss your Benefit Appeal email her for help - email@example.comRead More
Lucinda Dore Worthing Drink Driving Solicitor regularly attends Worthing Magistrates Court (in fact she attends all courts nationwide) - she is renowned for her non judgemental and sensitive handling of her clients cases, placing all of her clients at ease and achieving the best possible outcome.Read More
Lucinda Dore Solicitor can help you appeal a DWP PIP Assessment decisionRead More