Evict a rogue Landlord - Shelter...

Morglin

Be a good idea if this ever came to pass, followed up by stricter regulation by government:

http://www.bbc.co.uk/news/business-12586203

There are some rogue tenants, but there also a lot of godawful landlords.:mad:

Lin

theartfullodger

mchale wrote: »

Bumped: so maybe the artfullodger can reply to your very accurate and fair observations

(Referring to a post by madeupname1 apparently & surprisingly - here - criticising a tenants actions... ).

This thread is "Evict a rogue Landlord": If either mchale or madeupname1 wish to discuss tenant's actions in another thread be my guest.. It's a free forum...

Cheers!

Artful

tbs624

A few more LLs who have had trips to Court recently

1. “Personal circumstances” caused landlord to neglect gas-safety obligations - 08 March 2011, Conisbrough, S Yorks Doncaster

"A landlord repeatedly ignored requests from a local council and the HSE to carry out a gas safety check at a property in Doncaster.

Michael J Smith rented a house in Conisbrough to a tenant who received housing benefit from Doncaster Metropolitan Borough Council. In June 2009, the council visited the property to check the standard of the building. It found that Smith had not provided his tenant with a Landlord’s Gas Safety Record"

Council asked LL to provide GSC. LL failed to do so and HSE were contacted. HSE gave LL from 30th July until 1st September in which to get GSC sorted out but he still failed to do so. LL was fined a total of £400 and ordered to pay £1000 towards costs.

Pitiful fine really - not much of a deterrent.

Source - see also the HSE report which highlights the fact that an engineer brought in by them identified 5 "at risk" defects: http://www.hse.gov.uk/press/2011/coi-yh-3811.htm



2. Northwood LL fined £20k for fire safety offences after a fire at flats

"Hitesh Mashru, of The Fairway, admitted breaching four fire safety regulations after the blaze, above the Thai Sunset in Bushey High Street, near Watford, on April 24 last year. An electrical fault from a down lighter sparked the fire, which ripped through the upstairs flats, and took 50 fire fighters more than 12 hours to extinguish."

The LL had failed to carry out a risk assessment & ensure the safety of the electrical supply, or provision of smoke alarms/fire doors

"The court heard he was 'robbing Peter to pay Paul' with different credit cards, to continue living in his £700,000 home, while sending his two children to private school.

Mashru had accumulated £66,000 in credit card debt and would soon have to sell the family home. To pay the fine, he will have to borrow cash from friends and family.

Chairman of the bench, Michelle Reeves, fined Mashru £5,000 for each of the four breaches, plus £7,394.58 court costs"

Source



3. Landlord fined for failing to provide information about suspected unlicensed HMO 03 March 2011

" A city landlord has been fined £450 and ordered to pay costs of £400 after failing to provide information requested by Peterborough City Council officers carrying out an investigation into an unlicensed house in multiple occupation (HMO.)

Zulkaider Manir of Limetree Avenue, Peterborough, pleaded guilty to failing to provide information required under section 235 of the Housing Act 2004 at Peterborough Magistrates Court last Tuesday (22 February 2011.) "

Source

theartfullodger

I am grateful to the "Residential Landlord's Association" for bringing this report to my attention...

ROGUE LANDLORDS - COMPLAINTS RISING

More complaints about rogue landlords have been reported by the charity Shelter.

Over the past 12 months, Shelter says it has seen overall complaints about landlords increase by 23%.

Complaints regarding dampness and disrepair have risen by over 40% and complaints of harassment by private landlords have soared by nearly 25%.

The rise coincides with the boom in the private rented sector. Official figures put the number of households privately renting at 3.4 million, a 40% rise over the past five years.

Shelter said its figures raise serious questions about how rogue landlords are still able to operate freely, preying on the most vulnerable and leaving them to live in properties that could be a serious danger to their health and wellbeing.

While they represent only a minority of landlords, the charity is concerned by the sharp increase in complaints and the impact this is having on tenants’ lives.

Campbell Robb, chief executive of Shelter, said: “The housing minister’s claim that ‘the vast majority of England’s three million private tenants are happy with the service they receive’ has been seriously thrown into question.

“Our figures clearly show a worrying increase in the number of people seeking our help regarding problems with their landlord. The idea that just one rogue landlord could be harassing a family in their home is completely unacceptable and it’s shocking that the minister still refuses to tackle the issue.

“It’s frightening to see that complaints about bad landlords are increasing at such a rate, at the very time that renting a home is fast becoming the only option for thousands of families across this country.

“It appears that rogue landlords are cashing in on this growing market.”

Shelter said housing benefit cuts and changes to the homelessness safety net will push many more vulnerable families into the private rented sector, where rogue landlords could exploit the lack of accommodation.

There was also a 19% rise in complaints about rent rises which tenants thought to be unfair.

Robb continued: “With Government policy directing more vulnerable people towards the private rented sector, it seems entirely negligent of the housing minister to have not yet produced any clear commitment to clamp down on rogue landlords.

“It is imperative that the minister sits up and recognises the growth of this sector and his responsibility to 3.4 million households in this country.”

The charity is urging the housing minister to produce a clear plan to tackle rogue landlords and show his commitment to private tenants by ensuring that all local authorities sign up to a minimum standard accreditation scheme.

This is a set of standards relating to the running or condition of private rented accommodation which good landlords can sign up to on a voluntary basis.

Last June, Grant Shapps rejected the idea of mandatory licensing for both landlords and letting agents, saying that most private tenants were satisfied.

Shelter's version here..
http://england.shelter.org.uk/news/march_2011/tenant_protection_needed

The_Drama_Llama

It's the amateur landlords that hack me off the most. I reckon I lost a friendship this week: a friend of mine rents out her old flat and has bought a house. It's pretty obvious that she still regards the flat as 'her home'. She was on FB this week saying that her tenants had 3 people living in the property instead of 2 and that they could 'kiss goodbye to their deposit'. When I pointed out that she couldn't penalise them like that she, in all seriousness, tried to make out that the extra person would increase wear and tear so much that the flat would need redecorating to the tune of £1,800!! I'm looking forward to her later updates bemoaning the TDS's 'unfairness' towards her. Sigh.

theartfullodger

See Sean Lock starring in Shelter's new video on Rogue Landlords...

http://www.youtube.com/watch?v=G1tB9y55UrI

theartfullodger

The breathtaking arrogance & stupidity!! And he then appealed!!!


Thomson v Aberdeen CC Case Ref: B835/10

23 March 2011

Mr Thomson had an HMO licence for a property he rented-out in Glasgow. He bought a property in Aberdeen but let it out before obtaining an HMO licence from the council. He had heard that premises did not constitute an HMO if occupied by either a family or a religious community. He let to six students from different parts of the UK but the tenancy agreements provided that the occupiers used the property as a religious community or as a family. The council treated the letting as unlawful because the property was an unlicensed HMO. Mr Thomson's application for an HMO licence was refused on the basis that he was not, in the light of his conduct, a fit and proper person to hold one. His appeal to the Sheriff Court was dismissed. The council had acted in accordance with the law and had been entitled to refuse a licence.

For a copy of the judgment
http://www.scotcourts.gov.uk/opinions/B835_10.html

theartfullodger

A success story from the first phase of the Evict Rogue Landlords campaign.

A named and shamed landlord, Tame Estates, have had to change their name and had their advertising boycotted by some local papers. In addition, the number of complaints coming in about them has dropped, along with the rents they are asking for, which might lead one to believe people are now avoiding renting from them. They are still operating and possibly, possibly not, still victimising tenants, however it is heartening to hear that the campaign has helped some people in Tameside.

tbs624

A few more cases clearly showing that Councils, the HSE and Fire Safety Officers can, and will, act where LLs are failing in their legal obligations


"Boote, aged 41, of Rock Close, Nuneaton, appeared at Coventry Magistrates Court yesterday after a health and safety inspector described his rented property as the “worst house I have seen in 10 years.

He was charged with two counts of failing to comply with gas regulations and an improvement notice served by the Health and Safety Executive and one count of failing to comply with an improvement notice served by Coventry City Council

The court heard Boote had bought the property in Rothesay Avenue, Tile Hill, in 2007 but did not make any attempts to maintain it or carry out repairs. In November 2009 an inspection by Coventry City Council revealed numerous hazards including severe damp and mould, electrical hazards and inadequate cooking facilities.

There was also no evidence of gas safety checks and the tenant had lived without gas and hot water for several years.

Officers served a notice on the landlord ordering him to rectify the hazards and the Health and Safety Executive were informed for failure to provide a gas safety certificate.

....Magistrate Ian Gillespie gave him a six month suspended prison sentence. He must also do 200 hours of unpaid work and pay £30,000 court costs."

(Tenant was born in the property and has lived there for 52 years)

Source

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"A KIDDERMINSTER man has beeen fined £2,500 and ordered to pay £1,030 in costs as he had failed to maintain a rental property to a reasonable standard.

Landlord David Young, of Hawford Avenue, pleaded guilty to the offence under the Housing Act 2004 at Kidderminster Magistrates Court on April 28.

Council officers served an improvement notice on Mr Young in March 2010 following health and safety complaints from tenants."

Source10 May 2011

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"A North Wales landlord has been fined £5,015 for failing to bring a property up to a suitable fire safety standard.

At Mold Magistrates Court North Wales Fire and Rescue Service brought a case against Mr D C Lloyd, the owner of Ferry Lodge Flats, Saltney Ferry."

Source - May 06 2011

theartfullodger

I am endebted to the "Residential Landlord's Association" for bringing the sorry tale to my attention.

SLUM LANDLORDS AWAIT SENTENCING


A slum landlord and his son are awaiting sentencing after they were found guilty of renting out dangerous accommodation while they themselves lived in luxury.

Izrar Fazal, 54, lived in a £1.3m mansion in Hale Barns, Cheshire, with rich footballers for neighbours, and his son Shabaz, 30, also lived in an expensive home in Cheshire.

Devastatingly poor conditions were discovered by council and fire investigators at five flats in Manchester after a complaint was made about conditions. Hazards included a collapsed ceiling, dangerous electrics and no fire alarms.

Warren Spencer, prosecuting for the fire service at Manchester Crown Court, said the conditions were catastrophic.

Laura Raine, prosecuting for Manchester council, said: “This landlord has put personal financial gain before the safety of these tenants. That is of great concern. Our officers have spent numerous hours on this case and have made numerous inspections. There has been great difficulty in locating exactly who was responsible.”

Izrar Fazal admitted six offences brought by the fire service, and Shabaz Fazal pleaded guilty to four charges brought by Manchester council concerning the property conditions and nine charges brought by the fire service.

Deputy district judge David Robinson told them: “Your behaviour towards your tenants was shameful. You have shown contempt to their safety and well-being. You clearly have contempt for the law. You placed a large number of people at risk, including children.”

Manchester councillor Paul Andrews said: “It is absolutely shocking that a landlord in 21st-century Manchester is content to let a family live in this kind of squalor, when he is living content in Hale Barns surrounded by rich footballers.

“Slum landlords should be a thing of the past and I hope this serves as a warning to others who think they can rent out revolting properties and get away with it.”

Both men will be sentenced on June 29.

See also..
http://www.landlordtoday.co.uk/news_features/Slum-landlords-await-sentencing

&
http://menmedia.co.uk/manchestereveningnews/news/s/1422738_rogue-landlord-lived-in-13m-hale-barns-mansion-while-renting-out-death-trap-victorian-slum-flats-in-longsight

Well done Manchester Council for prosecuting: That it was ever necessary to prosecute is appalling......