A landlord of three Houses in Multiple Occupation (HMOs) in Watford has been successfully prosecuted for a range of offences relating to three separate properties.
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In making their decision the Magistrates took into account there was a serious risk of death or injury from faulty fire precautions. They also acknowledged that the lack of action by the owner was prompted by financial motives despite the properties producing an annual income of over £72,000.
On 21 October 2013, Mr Alex De Gabriele, landlord of 16, 16A and 18 Woodford Road in Watford, appeared at Watford Magistrates Court. He pleaded guilty to eight offences under the Housing Act 2004. Mr De Gabriele was fined a total of £30,202.16, including being ordered to pay costs and a victim surcharge.
The Court accepted that Mr De Gabriele had co-operated with the investigation, had no previous convictions and pleaded guilty at the earliest opportunity which limited the fines levels.
The landlord failed to keep the communal areas of the properties free from obstruction and in good order and repair. Fire alarms were also not properly maintained, all of which put the safety of his tenants at risk.
Councillor Keith Crout, portfolio holder responsible for environmental health at Watford Borough Council commented: “The risks of death or injury from a fire are higher in a HMO than a single family house. This is why councils are required to license these types of properties. It is vital that landlords operate these houses safely, for the welfare of their tenants. We have many excellent landlords in Watford but we will continue to tackle those people that make money from rent at the expense of tenants’ safety.”
Following a fire at 16 Woodford Road on 7 May 2013, Hertfordshire Fire and Rescue Service reported Mr De Gabriele to the council’s Environmental Health section.
On 24 May 2013, council officers executed a warrant and visited the three properties. They found that all five rooms in number 16A and five rooms in number 18 were occupied by individuals. (16 Woodford Road had fire damage and was therefore unoccupied). None of the properties were licensed under the Housing Act 2004. The officers also found various contraventions of the Management of Houses in Multiple Occupation regulations in all three properties.
These included:
- a silenced fire detection system
- fire door self-closers not closing fully
- landing lights not working
- a fridge/freezer and mattress on a landing causing an obstruction
- ill fitting fire doors
Mr De Gabriele was interviewed under caution at Watford Town Hall on 5 July 2013.
On 21 October 2013, Mr Alex De Gabriele, appeared at Watford Magistrates Court. He pleaded guilty to the following offences:
16 Woodford Road:
- Failing to ensure that all means of escape from fire in the HMO are kept free from obstruction and maintained in good order and repair. Regulation 4(1)(a). Fined £1000.
- Managing a HMO within the meaning of the Housing Act 2004 without the correct licenses. Sections 72(1) and 72(6). Fined £5000.
16A Woodford Road:
- Failing to ensure that all means of escape from fire in the HMO are maintained in good order and repair contrary to section 234(3) of the Housing Act 2004. Regulation 4(1)(b). Fined £1000.
- Managing a HMO within the meaning of the Housing Act 2004 without the correct licenses. Sections 72(1) and 72(6). Fined £5000.
18 Woodford Road:
- Failing to ensure that all means of escape from fire in the HMO are kept free from obstruction and maintained in good order and repair. Regulation 4(1)(a). Fined £1000.
- Failing to ensure that all means of escape from fire in the HMO are kept free from obstruction and maintained in good order and repair. Regulation 4(1)(b). Fined £1000.
- Failing to ensure that any fire alarms are maintained in good working order contrary to the Housing Act 2004. Section 234(3). Fined £1000.
- Managing a HMO within the meaning of the Housing Act 2004 without the correct licenses. Sections 72(1) and 72(6). Fined £5000.
