DARLINGTON Council has prosecuted a local landlord for failing to apply for a Mandatory License for a House in Multiple Occupation and for providing false and misleading information to avoid licensing.

Prosecution
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Mr George McAlister (55) of Eastbourne Road, Darlington pleaded guilty by post to the charges on 13th November 2013 at Darlington Magistrates Court. On 4th December, 2013 he was fined £1000 for failing to licence a House in Multiple Occupation and £200 for providing false and misleading information. He was also ordered to pay costs of £350 plus £100 victim surcharge, a total of £1650.

The Council’s Private Sector Housing Team called to check occupancy of a house in Pensbury Street in April 2013 and was informed it was in single occupation by the owner. Further investigations found evidence of rooms to let and bed and breakfast accommodation.

Mr McAlister gave misleading information in order to benefit financially and avoid licensing. By evading licensing, the health and safety requirements in properties of this type go unchecked and consequently can place tenants at risk of injury or illness. Fire precautions in the house were assessed as being inadequate for a high risk property of this nature.

Chris McEwan, Darlington Council’s Cabinet Member for Economy and Regeneration, said:
“Landlords have a legal and moral duty to provide certain levels of protection for their tenants and although we will always try to work with landlords and help them, they will be prosecuted if they fail to adhere to legal requirements. Tenant safety is of paramount importance to the Council.

“Landlords are reminded that Mandatory Licensing applies to Houses in Multiple Occupation with 3 or more storeys occupied by 5 or more persons and who form 2 or more households. It is a criminal offence to operate a licensable HMO without applying for a license. On conviction you could face a fine of up to £20,000.