Southend-on-Sea unlicensed HMO landlord and agent fined twice on same day with fines totalling over £30,000

The Judge Is Obliged To Pay A Fine Or Penalty 2022 08 01 01 49 11 Utc

The landlord had been found guilty of housing offences in his absence by Colchester Magistrates in one case and changed his plea to guilty in the second case before Basildon Magistrates.

The fines in both cases were handed down by Basildon Magistrates on 7th July.

The first prosecution, brought by Southend-on Sea's private sector housing team, was started following a property inspection by council officers of an HMO belonging to the landlord in 2021 which found a number breaches of HMO licensing conditions. The landlord's HMO licence was immediately revoked and a prohibition notice was served meaning the property could no longer be rented out. A family of five (2 adults and 3 children) were found to be living all together in just one room at the house. The family was rehoused by the council.

In his absence, the landlord and the property company that he owned were found guilty at Colchester Magistrates, in May 2023, of 23 housing offences. On 7th July this year, the landlord and his company were fined a total of £17,293.

Cllr. David Garston, Cabinet member for Housing and Planning, said of the case that "I'm so pleased we were able to relocate this family living in overcrowded conditions and I am so pleased the courts recognised the seriousness of the charges and imposed such a fine ...."

The second prosecution, of the same landlord and company along with a second company owned by the landlord and a third company which owned the freehold title to an 11 room unlicensed HMO occupied by 16 adults and 5 children, was brought by Southend Council's regulatory services team. Council officers started an investigation into the property in April 2022 after receiving information that it was being operated as an unlicensed HMO. On visiting the property officers found not just overcrowding but also fire safety breaches including rooms with no access to a fire escape, no heating, damp and mould, disrepair in communal areas and cooking appliances located unsafely.

The investigation found that the landlord used his second company to enter into a tenancy agreement with the freehold owner company. Then his first company became the landlord when it let out rooms to the occupants (who were rehoused elsewhere in the private rented sector by the council) at a combined rent of £5,480 per month.

At Basildon Magistrates, on 7th July, the freeholder was fined £6,020 for one offence of operating an unlicensed HMO whilst the landlord, after changing his plea to guilty, and his companies were fined £16,864 for 17 offences including failure to obtain an HMO licence, breaches of the HMO Management regulations and failure to comply with a Housing Act notice.

Cllr. Garston said of this second prosecution that "It is not OK that some of our residents are having to put up with substandard and unlicensed accommodation whilst paying top dollar for it .... I am glad .... that the court saw fit to make an example of this rogue landlord ...."

Internal photographs of both properties can be viewed via a link on the relevant council webpage relating to each property.

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