HMO Landlords Prosecuted by Local Councils

Recently, the Fire and Rescue Service in Kent (KFRS) has prosecuted a regional landlord, who failed to comply with fire safety standards in his rental property. The landlord, Jawid Sied, from Cliftonville received a note prohibiting the use of premises in October 2007, however his failure to comply with the note resulted in him appearing at the Margate Magistrates Court. The prohibition on the use of premises was associated with the lack of suitable fire safety standards and measures in the landlord’s rental property – a house in multiple occupation (HMO). The Court found Mr. Sied guilty as he was in breach with the Article 31 (Fire safety) of the Regulatory Reform Order 2005; as a result, the landlord was fined for £1,550. John Pereira, the head of KFRS technical safety department claimed that the organization welcomes the severe penalty as the case might become a good example for other landlords across the United Kingdom, which are expected to understand that fire safety standards are to be taken seriously. He added that at the moment the Fire and Rescue Service is working with Mr. Sied in order to make sure that he brings the rental property up to the necessary standards. Another issue, associated with the prosecution of a landlord, owning an HMO, took place in Durham. A Durham landlord, who was renting out a 3-storey house to 6 students, appeared at the Consett Magistrates’ Court after the Durham County Council found out that the rental property was not licensed. The Court found the landlord in breach with the Housing Act 2004, which requires all HMO’s to be licensed; the landlord was ordered to pay £1,200 in fines, £15 in surcharge and £130 in Court costs. Failing to get a licence for his student house has resulted in a Durham landlord being fined £1,200 for breaching the Housing Act 2004. He was also ordered to pay a £15 surcharge and £130 in costs. Joanne Waller, the head of environment, health and consumer protection at the regional Council claimed that generally the Council chooses not to prosecute landlords when they are in breach with minor laws; however, she added the Council actively seeks prosecution in cases when landlords put their tenants’ health or safety at risk.