A struck-off solicitor was one of two defendants successfully prosecuted for failing to license a property which was let to 12 people and in an appalling condition. (Photos on Flickr)
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Mrs Aminat Adedoyin Afolabi of 102 Downton Avenue, SW2, represented the owner of the property, Mr Alade, who lived in Nigeria. The other defendant, Raphael Fagbolagun, practised as an estate agent at Baganton Property Services, of 51 Camberwell New Road, London SE5 and was appointed by the owner to manage the property.
Camden Council successfully prosecuted them for failing to license 13 St. Augustine’s Road, NW1, management offences and failure to supply documents requested by a notice.
Prior to 2010, Mrs Afolabi attempted to convert the property and claimed that it was empty. However, when Environmental Health Officers visited on various days in March 2011 they found that it comprised a self-contained basement flat let to 3 tenants, and the three upper floors had been converted into 8 bedsits let to 9 tenants.
The property was found to be in an appalling condition:
- a pool of sewage had collected due to a blocked gully and was soaking the brickwork to the basement bedroom;
- two large divan beds and a fridge- freezer obstructed the fire escape route;
- the fire alarm had been silenced so that it was not effective;
- the steps leading down to the rear garden were in a dangerous condition resulting in a tenant’s mother requiring crutches after falling down the broken staircase;
- fire doors were either missing or ineffective;
- there were many missing banisters to the internal staircase and serious electrical faults.
During his investigations, the case officer found that Mrs Afolabi had been convicted of fraud and related offences, and had been investigated by the Law Society for various issues including trading as a legal practice Ann Francis and Co., prior to qualifying as a solicitor. As a result she had been struck off by the Law Society. She was subsequently allowed to practise under strict controls before being struck off again in 2012.
Our investigations showed that both defendants received rents and were held to be jointly responsible for managing the house in multiple occupation, without a licence. Both defendants pleaded ‘not guilty’ and the two day trial was recently heard at Highbury Corner Magistrates Court. Mr Fagbolagun’s defence was that the owner had not authorised the funding for the necessary works. District Judge McPhee did not accept that constituted a ‘reasonable excuse’ defence.
The judge found Mrs. Afolabi guilty of all 12 offences with which she was charged and found Mr. Fagbolagun guilty of all 11 offences with which he was charged. The judge mentioned on several occasions that he found Mrs. Afolabi to dissemble and feign her evidence and used ‘every tactic to avoid answering questions’ and had a ‘great deal of problems answering questions’
Both defendants claimed to be on low income, with Mrs Afolabi claiming to be on income support, so the judge reduced the fines and costs awarded to a total of £1,415 for Mr Fagbolagun and £765 for Mrs Afolabi.
Cllr Abdul Hai, Cabinet Member for community safety, Camden Council, said:
“Slum landlords will not be tolerated in Camden. We will continue to use every power to ensure people don’t fall prey to landlords who have no consideration for people’s safety and are instead more concerned with lining their own pockets.”
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