9th
Jun 2014
Two landlords based in Bodmin have received a fine of £20,000 levied at Truro Magistrates Court after they pleaded guilty to renting out an HMO, (House In Multiple Occupation) without a licence.
Early in the year the council was alerted by a migrant worker that the landlords' property was being rented out colleagues and is was in a poor condition. Subsequently an unannounced inspection was carried out at the property and it was found to be in such a poor state that it could put the tenants in danger.
It was due to the inspection that team found out that the property should have had a mandatory licence as it was operating as an HMO.
Besides this, the team discovered that were severe fire and safety hazards, as they found that the electrical installations were in a "shocking" state of disrepair and that adequate fire precautions were not installed, putting the tenants' lives in danger.
The Council, when prosecuting the two landlords, said that if the landlords had applied for a licence, then all of these issues would have been addressed before they would have been allowed to house tenants in the property.
Cornwall Council's private sector housing manager, Joe Roberts said: "Cornwall Council does not tolerate unscrupulous landlords.
"The breaches in this case posed significant risk to occupiers and the fines imposed by the court reflect the seriousness of the offences."
Costs of £1,138 were awarded to the council with each defendant also required to pay £200 victim surcharge.
Cornwall Council Cabinet member for homes and communities Geoff Brown said: ''Cornwall Council values the contribution made by well-managed houses in multiple occupation within the local housing market but will continue to ensure minimum standards are maintained.
"This is another clear example of the determination of Cornwall Council to ensure the safety and wellbeing of the public who live in HMO-type properties.
"I would urge any landlords who are concerned about their responsibilities to talk with our private rented sector team who are always happy to advise and thereby raise standards of safety in premises,'' said Mr Brown.
"As indicated by this case there are landlords who flout the law by failing to ensure their properties are safe.
"Other Cornwall landlords who operate in this way can rest assured that in order to protect the health, safety and welfare of tenants in private rented accommodation the private sector housing team will make every effort to bring them to book."
PIMS RELATED CONTENT
HMO Licensing, Landlord Licencing & Planning Law changes
The Housing Act 2004 introduced the licensing of Houses in Multiple Occupation. Local Authorities are required to license larger, higher risk HMOs, which initially will comprise those of three stories and above occupied by at least five persons who constitute more than one household.
Councils have additional powers to license other designated types of HMO.
Examples
- From 30th January 2012 [Oxford Council] every landlord who owns a property where three or more unrelated tenants live and share facilities such as the kitchen and bathroom will be required to get a HMO licence.
- Similar schemes whereby all properties require a licence apply in the borough of Newham and parts of Manchester
Maintenance and Repair
Under
Section 11 Repairs of the Landlord and Tenant Act 1985, there are a number of statutory implied terms which dictate repair obligations.
The property must be in a reasonable state of repair both internally and externally, and fit for human habitation at the start of the tenancy. There should be no dampness either in the form of rising damp, penetration from the outside, or condensation. Statutory and Common Law requires that there should be no unacceptable level of risk to the health or safety of the occupiers and their visitors.
Maintenance and Repair
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