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Fines for landlords who don’t ensure safety

The new laws affecting landlords and letting agents have created their first prosecutions.

Landlords and letting agents need to be aware of safety rules, especially in multiple-occupancy flats and houses, and the new Housing Health and Safety Rating System demands high standards for all properties.
However, many of the following prosecutions were under previous, still effective laws.

£20,000 fine for bedsits landlord

2006. The Nottingham landlord failed to prove he had completed the necessary electrical and fire safety checks in student flats. The court was told that missing certificates related to ‘the general electrics, the fire alarm system, escape lighting and hot water systems’. The court also heard that tenants could recover their rent for the last 12 months if the landlord failed to hold the correct license.

Landlord fined in first HHSRS case

2006. A landlord who failed to fix fire alarms in a two-storey block of bed-sits has been fined in what is believed to be the first successful prosecution using the housing health and safety rating system (HHSRS).

Mr L Vania from Nuneaton was ordered to pay £2,000 and £150 in costs after a court heard he failed to correct a number of hazards. 'The main problems were that the fire alarm system wasn't working, emergency lighting wasn't working and …trip hazards,' said Bob Brown, an Environmental Health Officer from Nuneaton Council.

There were four tenants in the property. 'They could have been burnt in a fire. Three of the beds were upstairs and had there been a fire in the kitchen or downstairs then they would not have had any warning at all - they could have been killed in their beds,' said Mr Brown.

He added he was pleased with the outcome of the case and hoped it would encourage other landlords to carry out repairs. The property had two category-one hazards for fire and falls and four category-two hazards for intruders, falling
elements, personal hygiene, damp and mould.

 

Landlord risks child – fined £14,000

2002. A landlord who failed to protect a mother and three-year-old child was fined for safety breaches including a broken smoke detector.

Landlord pays £9,500 for fire safety offences
2004. Derby City Council prosecuted a landlord for failing to carry out fire safety works to three three-storey properties. All were classed as being houses in multiple occupation (HMO) so fell into what the government has since classified as ‘high risk’ under new regulations which came into force in April 2006.

Landlord paying £3250 electrical fine

Bradford Council prosecuted the landlord under the Housing Act 1985 for the condition of a house including defects to the electrical system.

Andrew Houldsworth, the Council's Head of Housing, said: "We are delighted with the outcome of this case and hopefully this will encourage landlords to keep their properties in a decent and safe state of repair." If properties fail to be repaired further court action could be taken and in extreme cases the Council could force a sale.

Landlord fined £11,000

2004. A Tottenham landlord who failed to carry out vital work and rectify inadequate fire protection at her property has been fined £11,000 plus £100 costs after failing to satisfy Council instructions.


Landlord fined over £2,500

November 2005 - The house was found to have dangers including faulty fire detection systems and un-tested gas boilers. It is believed that the landlord tried to unlawfully evict the tenants in order to avoid making improvements.

Paul Cooper, Head of Lambeth’s Private Sector Housing Unit said: "There will be new regulations in place in April, which will give us more powers to deal with bad conditions in private rented accommodation. This includes the licensing of houses in multiple occupation …we will not allow tenants' health and safety to be at risk because of poor housing".

Landlord failed to ensure safety

May 2005 A housing management agent in Bethnal Green has been fined £2,500 and a further £2,000 in legal costs for a defective fire alarm system (and failing to clear flammable materials from a stairwell) in a block of flats. The building’s fire alarm system failed to meet the relevant Standard.

Head of Tower Hamlets Environment Control branch said: "Our inspectors rigorously enforce health and safety requirements for many buildings in the borough. These standards are about to get tougher for private sector landlords and managing agents. The Housing Act 2004 will soon require most houses in multiple occupation - including shared houses, blocks of flats, bed-sits and conversions - to be licensed by the Council. This will help the council monitor the health and safety standards of blocks of flats, including each building's level of fire safety - ultimately protecting residents. Landlords and agents must prepare themselves for this new scheme. Those who don’t could get fined up to £20,000 for failing to license.”
Landlord fined even though tenants were leaving

2005. David Gibney, of Swindon, was selling the flats and had not carried out work he had been ordered to because the tenants were leaving. The breach cost him £2000. There were no fire precautions, and trailing electric wires.

Swansea landlord fined £1500

2005. Camille Lakkiss pleaded guilty to three charges; failing to register as HMO, failing to carry out repair works and failing to carry out fire safety works.

 

Landlord prosecuted for illegal bedsit

2004. Robert Farwell was fined £1,000 and ordered to pay £800 costs for renting out a bedsit that wasn’t fit to live in.

Director of Housing John Stringer, said: ‘This is another example of the Council successfully prosecuting a landlord for renting out an unfit property. Landlords should take note that they cannot supply unfit properties for rent, and realise that we are serious about prosecuting when we need to.’

Landlord fined over shared house

1999. The Stratford landlord was fined £900 and ordered to pay costs of £425. Mr Morris was found guilty of not providing details to the Council of his involvement in providing a house for multiple occupation (HMO) and for not providing proper management services, such as carrying out vital repairs to the house. The repairs that were needed included replacing defective wiring.



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