Magistrates order Waltham Forest private landlord to pay £293,000 or face two and a half year prison sentence for planning breaches brought to light by his property licence applications

Judge Gavel With Justice Lawyers 2021 08 29 01 06 00 Utc

The Judge at Thames Magistrates Court said the private rented sector landlord's offending "undermines the entire system of planning control" when ordering him to pay a £251,582 confiscation order, Waltham Forest Council's legal costs of £29,725 and a fine of £12,000 (reduced from £16,000 in recognition of the landlord's pleading guilty).

It was found that the landlord had failed to comply with a planning enforcement notice dating back to 2013 involving the conversion, without planning permission, of a commercial property in Walthamstow into 2 ground floor flats as well as an adjacent detached outbuilding. The flats failed to meet minimum floor space requirements and the detached outbuilding was "judged to be poor quality accommodation".

The landlord subsequently applied for 2 property licences but the licence application process alerted council planning officers to his non compliance with the earlier planning notices and a site visit by officers took place in May 2019 after which a court summons was issued. However, the legal process was further delayed by an (unsuccessful) "Abuse of Process" argument made in the landlord's defence by his legal representatives with the landlord changing his plea to guilty in March 2021.

The financial penalty was based on the landlord's income gained from his "unauthorised property portfolio" and the court has given the landlord 3 months to pay of face 30 months in prison.

Cllr. Khevyn Limbajee, Waltham Forest Council's Cabinet Member for Community Safety, said "Justice in this case was a long time coming, not aided by Mr Ahmed's refusal to take responsibility for his actions ..... the large penalty incurred represents a just result considering the seriousness of the crime .... Let's not forget Mr Ahmed made a hefty profit from the dishonest and deliberate provision of poor quality housing".

The council doesn't say whether or what further action will take place with regard to this landlord's operating without a selective licence or an HMO licence.

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