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Member said: Posted on: 22/07/2009 00:00

Hi I had a prohibition notice served on me last May (2008), and only this May I received a summons out of the same incident. The local fire service stated on their notice that in their opinion the premises was a HMO, and therefore had several failings. These were very quickly put right soon after and the notice lifted. The summons therefore is a shock and I am taking legal advice. Can you or your members please advise in anyway that if the notice clearly stated HMO and I can prove that the premises was being used as 3 separate apartments at the time of the fire service visit was the notice issued unlawfully? The summons are for 4 offences under the Regulatory fire services act 2005 which I did not think covered private dwellings. 2 of the apartments only had 2 persons in each the other only 1 person at the time of the visit. I believe at the time of the fire service visit the officer was not aware of the apartment status of the building as they are open plan style apartments but still considered as self contained by the council tax officer as i pay 3 lots of council tax and also the valuations office has certified them as 3 separtate apartments. I argued the fact that they dont have their own front door but i was told this is not necessary. I dont think it was a mandatory HMO despite being on 3 floors under these conditions. Can someone please advise??

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