Landlords Mr Ciesco and his sister Ms Ciesco, the owners of 40 Miles Road, Epsom pleaded guilty to two offences against the Housing Act, the first being ‘Breach of Prohibition Order’ and the other ‘Failure to Licence a House in Multiple Occupation’ (Photos Below).
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In February 2008, Epsom & Ewell Borough Council’s Environmental Health Officers attended 40 Miles Road, Epsom and found it ‘to be lacking in suitable fire protection and safe means of escape in case of fire’. The loft room was considered a very high risk as the occupant would be likely killed or seriously injured if a fire started in any of the rooms on the ground floor or first floor.
The Council officers served an Emergency Prohibition Order on the loft room to prohibit the room from use as sleeping accommodation. In breach of this, the landlords permitted the loft room to be occupied.
On 5 December 2010 a fire broke out at the property and the tenant staying in the loft room had to escape the fire by exiting the property via the loft bedroom window. The tenant suffered concussion and muscular skeletal injuries and was taken to hospital for treatment. The Fire Service reported that six tenants were occupying the property at the time of the fire.
Fergus Nash, Epsom & Ewell Borough Council’s Environmental Health Officer said: “Mr Ciesco and Ms Ciesco blatantly disregarded a law designed to protect their tenants and their property from the devastating effects of fire. Landlords are legally required to ensure that the property conforms to the appropriate legislation.”
Councillor Jean Steer, Chair of the Council’s Social Committee added: “It is completely unacceptable that these landlords chose to put others at risk, especially as they had plenty of opportunity to comply with the Emergency Prohibition Order. This prosecution shows that we can and will prosecute landlords who neglect their health and safety responsibilities, and we hope it serves as a warning to others.”
The Chair of the Bench commented that this was the worst case that he and his colleagues had seen in their combined court experience of over 100 years and that the landlords had wilfully disregarded their obligations.
Mr Ciesco was fined £3,300 in breach of s32 Housing Act 2004 and a further £10,000 in breach of s72 Housing Act 2004. Ms Ciesco was fined £3,300 in breach of s32 Housing Act 2004 and £5,000 in breach of s72 Housing Act 2004. They were both also ordered to pay £1,121 towards the costs of the prosecution and £15 towards a victims’ surcharge each.
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