Evict a rogue Landlord - Shelter...

tbs624

Now here's a LL for you - his properties may in fact be first rate, and fully compliant with all regs and laws. However, if they aren't, it may be unlikely that a T would want to complain

He apparently used to lend some of his Ts money, and had a consumer credit licence. Unfortunately, the licence was revoked by the OFT when it was discovered that someone had omitted to mention his 23 criminal convictions when the license was applied for.

He's apparently still able to let property, despite being the recipient of an ASBO ( due to expire next month)

http://www.oft.gov.uk/news-and-updates/press/2010/74-10

http://www2.crw.gov.uk/pr/default.aspx

http://www.thenorthernecho.co.uk/news/crime/3762422.Thug_blames_milk_for_reign_of_terror/

http://www.cleveland.police.uk/advice-information/Peter-Francis-Hall.aspx

lynzpower

I have heard of Peter hall somewhere else.... will think where and google.... hmm ponders

lynzpower

Interesting case here about the role of letting agents in letting unsafe properties, i would be interested in comments on this as its quite new to me the 1st case Ive actually come across.
http://www.thepowerservice-newcastle.co.uk/prosecutions/

LETTING AGENT PROSECUTED (1998)

In probably the first case of its type, property manager Velma Shallow, proprietor of Lyttons Property Services, Oxford, pleaded guilty on 3rd April 1998 at Oxford Magistrates Court to supplying illegal electrical goods to tenants in accommodation which she had let out.



The landlord, Mr Shafi, employed Lyttons to manage the property for him. In court it was heard that Mr George Shallow, Velma Shallow’s father, failed to make vital checks prior to tenants moving in. Four students in the property complained to Oxfordshire’s Trading Standards office, who seized items for testing. A refrigerator, under the Consumer Protection Act 1987, involving Electrical Equipment (Safety) Regulations 1994 and Plugs and sockets (Safety) Regulations 1994, was found to be faulty.



The magistrates imposed fines totaling £1,625 on Miss Shallow and ordered her to pay £1,400 costs. The magistrate commented: “We would like to stress that if you are letting property to tenants, you must have regard for their safety”.



This case emphasises that letting agents who manage properties for landlords are equally responsible for ensuring that electrical items in rented accommodation are safe.

theartfullodger

tbs624 wrote: »

Now here's a LL for you - his properties may in fact be first rate, and fully compliant with all regs and laws. However, if they aren't, it may be unlikely that a T would want to complain

He apparently used to lend some of his Ts money, and had a consumer credit licence. Unfortunately, the licence was revoked by the OFT when it was discovered that someone had omitted to mention his 23 criminal convictions when the license was applied for.

He's apparently still able to let property, despite being the recipient of an ASBO ( due to expire next month)

Interesting tbs... As we know the ConDems have decided Landlord registration ain't a good idea or necessary.. but in Scotland where it is mandatory (but not that well enforced.. getting there, getting there..) you have to be a "fit & property person" see...
https://www.landlordregistrationscotland.gov.uk/Pages/Process.aspx?Command=ShowHelpFitProper

To be registered, owners and their agents must be fit and proper to let residential property. Local authorities must take account of any evidence that the person has:

• Committed any offence involving fraud, dishonesty, violence or drugs
• Practised unlawful discrimination in connection to any business
• Contravened any provision of the law relating to housing, or landlord and tenant law, and the person’s actions, or failure to act, in relation to any antisocial behaviour affecting a house they let or manage, and must take account of the fact and nature of any agency arrangement.

In addition to the information provided on the form, the local authority will also take account of any other relevant information they hold about the applicant. They will make a balanced judgement on the basis of all the available information, there is no automatic refusal.
If you let property in more than one local authority area, the authorities will share information to ensure they have all relevant details, but each authority will make its decision independently.

lynzpower

I thought you had to be fit & proper to hold HMO license in England is that not the case?

clutton_2

interstring as this is Lynz.. it is 12 years ago...

i think a more relevant one is "

"
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 costs after a court heard he failed to correct a number of hazards. "

Plese note though, that this site is a sales site for safety training and i was not able to access links to court websites to verify these cases.....

lynzpower

Heres a more recent case- I have done some googling

P

rivate letting agent and landlord prosecuted for failing to comply with council improvement notices
15 June 2010.
Private housing landlords have been warned that Peterborough City Council does take matters seriously when landlords fail to comply with housing enforcement notices that require properties to be brought up to a suitable living standard.
This comes as a private housing landlord and a city letting agent were prosecuted and made to pay a total of £1,400 by Peterborough Magistrates' Court for failing to comply with improvement notices.
In this case Asad Javaid of Alexandra Road, Peterborough pleaded guilty to ignoring an improvement notice. He was fined £300 with £300 council costs.
Mohammed Jamil and Nadim Pervez, who trade as letting agent Peterborough Homelet of Lincoln Road, Peterborough, were fined £500 and ordered to pay £300 costs in their absence.
In this case Peterborough City Council housing enforcement officer Peter Bezant found the properties involved were suffering from extensive disrepair during an inspection. This ranged from unsuitably arranged kitchen facilities and dampness to inadequate heating and hot water as well as insecure external doors.
Mr Bezant said: "We are very pleased with these successful prosecutions and the level of fines awarded in these cases. We hope this sends a clear message out to all landlords and letting agents operating in the city about their responsibilities to maintain their properties, as well as the penalties they will face if they do not comply.
"The majority of landlords and letting agents in Peterborough fulfil their property repair obligations without the need for the city council to step in and take action.
"However, in some cases the council gets involved to resolve issues through informal action. If informal action fails to produce the desired results we will not hesitate to take enforcement action."
When a letting agent is appointed by a property owner to take control of the day-to-day management of a property they are responsible for keeping it in good repair to ensure that it is suitable for a tenant to move in.

http://www.peterborough.gov.uk/news/latest_news/letting_agent__landlord_fined.aspx

lynzpower

Heres another interesting one


£10,000 court bill for letting agent

published Date: 08 October 2009
By Staff Copy
Simon Bristow
A LETTING agent has been left with a £10,000 bill after being prosecuted for failing to license two of his properties.

James Poskitt, 57, of Bell Lane, Rawcliffe, admitted two counts of failing to license a property and one charge of obstruction when he appeared at Goole Magistrates’ Court. Poskitt, of Surelet letting agency, breached legislation for houses in multiple occupation over properties in Kingsway and Pasture Road, Goole, which were occupied by a number of unrelated tenants.

The obstruction charge related to Poskitt’s attempts to prevent council officers from accessing the property on Kingsway, even though they had a court warrant.

He was fined £9,000 and ordered to pay £1,000 costs.

Coun Jane Evison, East Riding Council’s portfolio holder for housing and public protection, said: “Landlords need to be aware of the consequences of not complying with the law.”

tbs624

clutton wrote: »

interstring as this is Lynz.. it is 12 years ago...

i think a more relevant one is "

Both cases are of equal interest, as "first" prosecutions, under specific legislation.

The one quoted by Lynz was also useful in that it clearly shows that LAs will be prosecuted for their failings: many posters on here suggest that it is always the LL who is responsible for the legal obligations towards a T.

In the case Lynz quotes it was indeed the LA who ended up in court, having failed to properly check the equipment provided to the student Ts. (i've previously quoted this one in this thread)

clutton wrote: »

i
"
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 costs after a court heard he failed to correct a number of hazards. "

Plese note though, that this site is a sales site for safety training and i was not able to access links to court websites to verify these cases.....

Was also reported in Environmental Health News summer 2006

See also: http://www.nuneaton.gov.uk/news/press-releases/landlord-fined

SouthCoast

Brighton landlord fined for breaching safety rules

A landlord has been fined more than £5,000 for having broken fire alarms in his property.
Abbas Raouf, of Raouf Properties Limited, was aware the smoke detectors in flats he rents to private tenants were faulty but did not get them repaired.
One resident was forced to contact Brighton and Hove City Council after an alarm repeatedly went off and had to be disconnected but was not replaced.
Brighton and Hove’s private sector housing team carried out an investigation on the block of six flats at 33 Buckingham Street, Brighton.

Continued:

http://www.theargus.co.uk/news/4339672.Brighton_landlord_fined_for_breaching_safety_rules/