Cornwall Council has successfully prosecuted Julie Stoddern of Roskear Village, Camborne under the Housing Act 2004 for operating an unlicensed House in Multiple Occupation (HMO) and for not complying with a Prohibition Order relating to a dangerous staircase.
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The property owner failed to comply with the requirements of the order and on the 04 February 2013, at Truro Magistrates Court Miss Stoddern pleaded guilty to both offences. The Court awarded a fine and costs to the Council totalling £4,560.77. The defendant in mitigation stated that she was not aware of the requirement to licence her dwelling, and the staircase led to an attic room that was not being used as a bedroom.
The case was brought after officers from the Councils Private Sector Housing team inspected the property and found overcrowded living conditions, serious fire safety concerns that could cause harm to tenants and any person visiting the house and a dangerous spiral staircase to the attic room that was steep, lacked handrails and had no guarding to the top to prevent someone falling. The Council served a Prohibition Order requiring the attic room not to be used for any purpose other than for storage or remedial action. The Council witnessed a breach of the order on the 11 July 2012 and since that date no application for a property licence has been received.
The Council is continuing to work with the owner to bring the house up to an acceptable standard and has recently served an improvement notice requiring the standard of fire safety precautions in the house to be improved.
Mark Kaczmarek, cabinet member for housing and planning at Cornwall Council said “This case highlights that there are still some landlords who are operating licensable HMO’s without a licence despite the requirements being in place for over 6 years. The Council will make every effort to advise and educate landlords but those who plead ignorance to their obligations can rest assured that to protect the health safety and welfare of tenants, the Council will make every effort to bring them to book. I want to congratulate the Private Sector Housing team for their good work in bringing this successful prosecution.”
As demonstrated by national fire statistics, occupiers of a HMO are 6 times more likely to die in a fire than occupiers of single occupancy dwellings. The risk of a fatal injury increases 16 fold for occupiers of HMO’s that are three or more storey’s in height. Not licensing a HMO and abiding by the requirements of a licence puts tenant lives at risk.
Hope Bradbury, Senior Environmental Health Officer said “Cornwall Council values the contribution made by well-managed houses in multiple occupation within the local housing market but will continue to intervene in these types of property to ensure minimum standards are maintained. The Council strives to work informally with landlords but when informal requests fail, the Council will use enforcement action and prosecute for non-compliance”.
