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Estate Agency And Landlord Both Fined For Licensing Breaches

A landlord has been ordered to pay more than £10,000 for licensing breaches relating to a property that has also seen an estate agency fined.

Willesden Magistrate Court fined Easy Let agency £20,299 in February for failing to licence a three-storey, semi-detached house that was found to be worryingly overcrowded. Following this, property owner Mohammed Mehdi Ali has also been fined £10,000 due to his failure to licence the property, which had been split into flats. This sum is on top of court costs totalling £3,300.

London’s Brent Council found that Easy Let and Ali were in breach of HMO laws. They had crammed more than 10 people into the ground and first floor rooms. Three children were also living in the property.

Willesden Magistrates Court also heard a second case, involving landlord Stephen Citron, who was ordered to pay £17,273 in fines and court costs. This was due to his failure to comply with licensing regulations.

Brent Council had found Citron renting out undersized bedrooms to tenants. He was letting a two-storey property with five standard size bedrooms and two undersized rooms which prohibited for use under the licence conditions.

The rooms measured 5.1 sqm and 4.8 sqm respectively. The legal requirement minimum requirement for a single room is 6.5 sqm, rendering the rooms clearly undersized and unfit for human habitation.

It was said that Citron ignored repeated warnings to make adjustments to his property in order to comply with legal requirements.

Brent Council’s head of private housing services, Spencer Randolph, said Ali and Citron were given ‘every opportunity’ to comply with regulations.

He stated: ‘Instead they held the council in contempt and ended up in court. If they had cooperated with us, they would have been spared the hefty financial blows and criminal records they were dealt in court.’

Source: Residential Landlord

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Rogue landlord prosecuted for the second time in six months for HMO offences

An Oxford landlord with a previous conviction for housing offences was fined £10,000 and ordered to pay the City Council £1,535 in costs when he appeared at Oxford Magistrates’ Court on 20 March 2018.

The City Council successfully prosecuted Mr Imtiaz Gulzar for the second time in six months for failing to comply with his responsibilities under the Management of Houses in Multiple Occupation (HMO) (England) Regulations 2006 at a large HMO on Cowley Road, Oxford.

Mr Gulzar, (41) of Cowley Road, pleaded guilty to:

  • failure to keep his property in good order and repair;
  • failure to ensure that all notices indicating the location of means of escape from fire are displayed in positions within the HMO that enable them to be clearly visible to the occupiers;
  • failure to maintain property in good and clean decorative repair, and
  • failure to maintain property in a safe and working condition

After hearing the facts of the case and considering a written statement of mitigation, as well as a notice of intention to cite a previous conviction, the Court proceeded to fine Mr Gulzar £10,000 and ordered him to pay £1,535 towards the Council’s costs.

In November 2017, Mr Gulzar was prosecuted for failing to comply with the conditions attached to an HMO licence for a property in Iffley Road, Oxford. In that case, he was fined £2,500 and ordered to pay £1,425 in costs.

Councillor Alex Hollingsworth, Board Member for Planning and Regulatory Services, said: “The City Council is committed to ensuring high standards in the private rented sector and protecting tenants against landlords who do not meet their responsibilities under the law. I am pleased that in this second prosecution of Mr Gulzar, the Court imposed a higher fine than in the first case.

“This is one of the last cases to go through the courts as we are now using the new financial penalty powers that came into force in April last year. These powers allow us to issue financial penalties of up to £30,000 for certain housing offences rather than take up cases to the courts for prosecution. On average, we have issued penalties that are nearly four times what the courts used to fine landlords, so we believe the new powers will provide an even greater deterrent against violations of housing regulations by landlords.”

Source: Oxford City Council

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Operating unlicensed HMO costs Bedford landlord more than £11K

A landlord has been prosecuted by Bedford Borough Council for operating an unlicensed HMO (House in Multiple Occupation) in the Bedford area.

Mr Fhalora of Ampthill Road, Bedford, was charged on January 3 with failing to obtain an Additional HMO Licence for the property that he manages on behalf of the owner and leases to tenants in Brackley Road.

Mr Fhalora was found guilty in his absence after entering a not guilty plea. As a result, Luton Magistrates Court fined him £2,500. Mr Fhalora was also ordered to pay the council’s full costs of £8,911.12 along with a victim surcharge of £170.

The court heard Mr Fhalora had been reminded by the council’s Community Regulation Team that he was required to licence the property under the Housing Act 2004. However, he failed to act on the advice given, potentially putting the safety of the tenants at risk and showing wilful neglect of his responsibilities as a landlord.

Councillor Colleen Atkins, Portfolio Holder for Community Safety & Regulatory Services said: “Bedford Borough Council prioritises the safety of its residents by ensuring the Borough’s private rented sector is effectively regulated.

An Additional HMO Licence is required for HMOs which are occupied by three or more unrelated people who share certain facilities in the household such as a kitchen or bathrooms.

Anyone who owns or manages an HMO can check with the Council to see if they need to have a licence.” Bedford Borough Council introduced an Additional HMO Licensing scheme in 2013 for properties rented out to three or more unrelated occupiers who share facilities such as kitchens and bathrooms.

These types of properties are subject to further regulation to give greater protection to tenants as these licences require landlords to invest in their properties, making them safer and in a better state of repair Landlords or tenants requiring further information or clarification regarding HMO Licensing requirements should contact the HMO Licensing Team on (01234) 718099 or refer to the council’s website at: www.bedford.gov.uk/multipleoccupation

Source: Bedford Today

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HMO landlord fined for 32 offences at Wolverhampton flats

HMO Wolverhampton

Harbhajan Singh Dhami admitted failing to put right 32 housing offences at a HMO (house in multiple occupation) in Merridale Lane, Wolverhampton.

Fire hazards, electrical issues, damp and a large pile of waste were all found at the property when council inspectors visited in June.

That inspection followed confirmation that no approval had been sought for the conversion of the property to flats, therefore confirming it was a HMO and should be regulated under the HMO regulations.

The property consisted of two sets of flats – 11 flats in total of which seven were being lived in.

Dhami – of Ednam Road, Wolverhampton – and his company Dhami Accommodation Ltd, received fines, charges and costs totalling £33,995, at Wolverhampton Magistrates Court.

District Judge Murray said: “Mr Dhami was a good landlord, with the exception of this property, where the issues of disrepair go back longer than the summons period.

“Mr Dhami blamed the tenants for the damage to the property but accepted that the tenants in the property were vulnerable and therefore the duty of care that he owed to his tenants was much greater.

“From the company accounts provided to the court it was clear that the company had made a substantial profit and the judge had to consider the totality of the offending.

“He said that while Mr Dhami would be given credit for his guilty plea he would be sentenced on the high risk involved.

“It was clear that the property was a high fire risk and that candles were being used at the property which also had loose wiring.

 “The fact that one of the walls was separating from the structure leaving a gap, together with the blocked means of escape, missing banisters, an inoperative fire alarm system and disconnected smoke detectors created a risk of smoke penetration and injury in the event of a fire

“Apart from the fire risk the damp throughout the property posed a risk to health.

“There had been a lack of compliance from Mr Dhami when council officers had required him to correct these problems and a lack of response when he was given the opportunity to do so.”

Councillor Peter Bilson, deputy leader and cabinet member for city assets and housing, said: “We are determined to bring to task landlords who are not complying with housing laws and building regulations.

“Our residents’ health and wellbeing is of paramount importance to us and this case should act as a lesson to all landlords in the private sector.

“Thankfully, the majority of landlords in Wolverhampton abide by the rules and regulations and co-operate with the council.

“The council takes very seriously its commitment to monitoring the private housing sector and we will continue to do so to ensure tenants’ living standards are of the highest quality.”

Source: Express and Star

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Record Fine For Luton Landlord

Safety breaches in his buy to let HMO property have led to a record fine for a Luton landlord.

Alyas Hussain of Dunstable Close, Luton, was fined £70,000 and ordered to pay additional costs of £1,148.79 plus a surcharge of £170 for a number of dangerous breaches of legislation designed to protect tenants.

The huge amount sets a new record fine for the council, and was imposed as the landlord was seen to have a total disregard for the safety of his tenants.

The HMO in question was found to be ‘overcrowded’, while tenants’ lives had been ‘put at risk’ through a lack of fire doors, automatic fire detection and heat detection, in addition to ‘obstructions to stairs and exits in the event of fire’.

The property also had unfinished electrical works throughout, with bare wires ‘hanging from ceilings and out of walls’, with bathrooms also said to be in a ‘terrible state of repair’.

Ceilings were found to be damaged in the property and an electrical meter had been tampered with, while the gas meter ‘had to be shut down due to a leak’.

The chair of Luton magistrates court said when sentencing: ‘It is clear to us that these offences are motivated by profit without any recourse to regulations or court processes. The defendant has two properties not subject to mortgage and received rent from the HMO in excess of £19,000.’

Tom Shaw, portfolio holder for housing, added: ‘We will not tolerate landlords who rent properties which fail to meet standards. The council has a commitment to ensure that private landlords in Luton do not take financial advantage of vulnerable tenants and put their lives at risk. We will not hesitate to prosecute landlords who show a disregard for the law and their responsibilities towards occupants.

‘At the start of 2018 this conviction sends out a really strong message to landlords: in every sense of the expression ‘Get your house in order’ or we will be on to you.’

Source: Residential Landlord

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Twickenham landlord prosecuted for letting out his house to more than five people without a licence

A Twickenham landlord has been fined nearly £5,000 for illegally renting out his property as a house of multiple occupancy (HMO).

Maksim Arnautov bought the three-storey home in Whitton Road, which is also where he lives, in 2012.

Under the Housing Act 2004, properties which have three or more storeys and are rented out to five or more people must have a license.

The council carried out an investigation last year and found that despite more than five people living in the property, Arnautov did not have a licence.

Following a hearing at Lavender Hill Magistrates’ Court on January 9, Arnautov was found guilty of operating a licensable House in Multiple Occupation (HMO) without a licence.

He was fined £3,000, must pay a victim surcharge of £170 and £1,466 to the council in compensation.

Councillor Mark Boyle, Richmond Council’s cabinet member for housing, public health and community safety, said: “Following an investigation by council officers, this is a great result.

“This prosecution sends out a clear message that unscrupulous individuals cannot hide.

“It is our job to protect tenants’ safety and we will take appropriate enforcement action if landlords fail to obtain a licence or manage their properties.

“I am pleased that the courts are supporting the council in this approach through the sentence and fine issued.

“The growing issue of HMOs in our borough continues to be a problem.

“And whilst we will continue all our work on the ground, we will continue to make it clear to the Government that it must prioritise action over HMOs before sub-standard, over-crowded housing, and all its flow-on effects begin to impact the character and quality of life within our borough.”

The case comes one week after the Government announced a crackdown on HMOs.

Source: Richmond & Twickenham Times

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Twickenham Landlord Faces Fines After Renting Unlicensed HMO

A Twickenham landlord is facing fines of almost £5,000 after renting out his property as a house in multiple occupation (HMO) without the correct licensing.

Landlord Maksin Arnautov purchased the Whitton Road property in 2012. He also resides in the home. An investigation carried out by the council last year found that more than five people were living in the property. However, Arnutov did not have a licence.

The Housing Act 2004 states that properties with three or more storeys which are also rented out to five or more people require a HMO licence. Despite the property breaching these conditions, the appropriate licensing had not been purchased.

During a hearing at Lavender Hill Magistrates’ Court on January 9, Arnautov was found guilty of operating a House in Multiple Occupation (HMO) without a licence. The Twickenham landlord was subsequently fined £3,000 and must also pay a victim surcharge of £170 and £1,466 to the council in compensation.

Richmond Council’s cabinet member for housing, public health and community safety, Councillor Mark Boyle, commented on the case: ‘Following an investigation by council officers, this is a great result. This prosecution sends out a clear message that unscrupulous individuals cannot hide. It is our job to protect tenants’ safety and we will take appropriate enforcement action if landlords fail to obtain a licence or manage their properties. I am pleased that the courts are supporting the council in this approach through the sentence and fine issued. The growing issue of HMOs in our borough continues to be a problem. And whilst we will continue all our work on the ground, we will continue to make it clear to the Government that it must prioritise action over HMOs before sub-standard, over-crowded housing, and all its flow-on effects begin to impact the character and quality of life within our borough.’

Source: Residential Landlord

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Colchester Landlord Fined £20,000 For HMO Offences

A rogue Colchester landlord has been fined after being found guilty of nine offences in relation to a house in multiple occupation (HMO).

Landlord Cyril Thomas, who runs property management company Platinum Crown Investments Ltd, was told that he must pay £20,000. Thomas was fined £1,000 for each of the offences he committed. On top of this, he was ordered to pay over £11,000 in costs as well as a victim surcharge of £100 by Colchester Magistrates. The total sum he was ordered to pay by the court amounted to over £20,000.

The landlord’s offences were discovered following an inspection in December 2015. The home, described by the council as a flat above the letting office in Colchester, had been converted without the correct Building Regulations approval. The conversion was also poorly executed. The local authority asserted that this contributed to breaches of HMO management regulations. This was due to the creation of fire risks, and an inaccessible fuse box. The later issue had rendered residents stuck in the cold and dark for two nights after the electrics tripped.

The judges showed some leniency to the landlord by allowing him to pay the sum over a prolonged period of 20 months. However, Thomas still intends to appeal the decision.

He stated after the hearing: ‘I’m disappointed with the decision that has been taken in regards to prosecuting me in my personal name. However, I’m pleased that Platinum Crown has been acquitted of all 10 charges that were brought against it.  Having given careful consideration to the way in which this case has been handled, my legal advisors believe we have grounds to appeal and an appeal has now been lodged. As previously mentioned, Platinum Crown takes its property management responsibilities extremely seriously and generally enjoys an excellent working relationship with Colchester Borough Council.’

Source: Residential Landlord