news release PR 2601 18 November 2011 For Immediate Release Couple fined for renting unsafe property A married couple who own a high profile letting agent were brought before Luton Magistrates Court on 15 November and pleaded guilty to running an unsafe and over crowded House in Multiple Occupation (HMO). An HMO is a building or part of a building such as a flat which is occupied by more than one household and where more than one household shares an amenity such as a bathroom, toilet or cooking facilities. The five bedroom flat, situated above the shop in a four storey building and owned through another company owned by the couple, was originally granted a HMO Property Licence by Luton Borough Council in 2008 allowing a maximum of five people to occupy the property. The licence also stipulated that the property including its fixtures, fittings and installations such as gas, water and electrics must be maintained and kept in safe and good condition throughout the term of the licence. Following a complaint in October 2010, the property was visited by an officer from the Council’s Private Sector Housing Team and a number of health and safety breaches were found. These breaches included windows being poorly maintained meaning they could not be opened to provide adequate ventilation or an escape route from a fire and no landlord gas safety certificate. The Council wrote to the letting agent on several occasions about these issues and yet nothing was done. The officer also found that that the couple had breached their licence conditions by allowing six people to occupy the property. The court fined the couple and their companies for each offence. For breaching their licence conditions the companies each received a fine of £2,500 and the couple received a fine of £1,000. The Court viewed their failure to keep the windows in good repair as a significant offence and they were fined a total of £5,620. For failing to provide a valid gas certificate to the Council within seven days of receiving a written request, the Court fined them a total of 3,930. The Council was awarded £3,300 costs and a victim surcharge of £15 each. The fines imposed totalled £13,000 and a collection order was made in respect of the fines ordering the fines to be paid within 12 months. Communications Division Luton Council Town Hall Luton LU1 2BQ www.luton.gov.uk -1- Cllr Tom Shaw, Portfolio Holder for housing, said: “HMOs need to be licensed to protect the health, safety and wellbeing of the occupants and to prevent them living in overcrowded conditions with insufficient facilities. “Landlords and managers of licensed HMOs who don’t comply with their licence conditions at all times are breaking the law. These landlords were not complying so we took the appropriate action. In fact the situation with the windows was actually putting people’s lives at risk so we had no hesitation in doing what we did. “These landlords are not fit and proper people to hold a licence and manage a property so the Council is now considering revoking their licence. “The Council takes the condition of the private rented sector very seriously and we have recently embarked on a programme of inspecting all known Houses in Multiple Occupation within Luton. “We will not hesitate to take further court action should any other offences be committed. If you live near, or know of, any such property which you believe to be an HMO, please contact the council on 01582 54 72 22.” More information for HMO tenants and landlords is available from www.communities.gov.uk or www.rpts.gov.uk, or by contacting the Council’s Private Sector Housing team on 01582 54 72 22 or [email protected] ENDS Communications Division Luton Council Town Hall Luton LU1 2BQ www.luton.gov.uk -2-
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