This is the third successful prosecution by Welwyn Hatfield Borough Council of a landlord/letting agent in the last six months, involving offences which could endanger the safety of tenants and in the two most recent prosecutions for not applying for a licence when required to do so.
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Mr Kevin Taylor pleaded guilty on Monday 28 October to seven offences that were presented to the court by the council, in respect of a rented house in Hatfield. In addition to the fines and costs, he was ordered to pay a £120 victims’ surcharge.
The principal charge related to Mr Taylor’s failure to apply for the required Licence to operate a House in Multiple Occupation, for which he was fined £10,000. He was also fined £1,500 for failing to provide the council with documents which he was required to produce under Section 235 of the Housing Act 2004. Additionally, he was fined a further £750 for failing to provide a gas safety certificate and electrical safety certificate within seven days of the request.
Other offences concerned fire safety issues; failure to ensure that all means of escape from fire were maintained in good order and the fact that the Automatic Fire Detection system did not meet the required standard.
Mr Taylor was found guilty of contravening Sections 72 and 236 of the Housing Act 2004, together with five breaches of the Management of Houses in Multiple Occupation Regulations 2006 (“the Regulations”).
The charges were brought by the council for breaches of these Regulations, following an inspection by the council’s Private Sector Housing Team on 27March 2013.
Welwyn Hatfield Borough Council is responsible for licensing high risk Houses in Multiple Occupation (HMOs) that consist of three or more storeys and have five or more occupiers, plus dealing with complaints regarding the standard of rented properties. Because this landlord has now been convicted of these offences he will not be considered a ‘fit and proper’ person, which means he cannot hold an HMO licence.
Councillor Roger Trigg, Executive Member for Housing and Community said: “I am pleased at the outcome of this case. Along with the two other recent successful prosecutions, this demonstrates that the council takes the safety of private tenants very seriously. The council seeks to work with private landlords as much as possible, and prosecution is usually a last resort.
“But we want to send out a clear message to landlords who do not abide by the law. We are working proactively to identify high risk HMOs locally where a license is required, but the landlord has failed to license the premises. This case shows what can happen if landlords fail to adhere to the law.”
