Housing: Landlord fined £35,000 for ‘inhumane’ living conditions

Faisal Khan, 27, who operates the letting agent ‘Lets Move’ at 158 Leagrave Road failed to attend Luton Magistrates Court on 21 November where he was fined a record £35,000 for operating an unlicensed House in Multiple Occupation (HMO) (Photo Gallery Below).

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An HMO is a building, or part of a building such as a flat, which is occupied by more than one household, and where more than one household shares an amenity such as a bathroom, toilet or cooking facilities.

Any HMO of three or more storeys, with five or more occupants from more than one household, must be licensed by the Council. Failure to apply for, or comply with, the terms of an HMO licence is a criminal offence.

Luton Borough Council was made aware of the property at 37 Avondale Road in May following complaints from a number of tenants residing at the property.

Officers from the Council’s Private Sector Housing team inspected the seven-bedroom, three storey house, and not only discovered that the property was operating without a licence, but also that it was severely overcrowded by being let to 14 people.

Officers also noted that the property and its facilities were in a filthy condition, with one of the bathrooms being in such a state of disrepair that the tenants couldn’t even use it. Fire escapes were also blocked and there was a large accumulation of rubbish dumped in the rear garden of the house. Notices were served in respect of these deficiencies but were not complied with.

The Court heard that Mr Khan, who was also managing the property through his letting agency ‘Let’s Move’ on a commercial basis, would have received at least £40,000 worth of rental income from the tenants at the property during the offence period.

Mr Khan was fined £20,000 for failing to licence the property, £5,000 for not providing information to the Council, £5,000 for failing to remove the dumped rubbish and a further £5,000 for failing to provide a safe means of escape from fire. Total fines amounted to £35,000 and the Council was awarded £1,700 costs and a £15 victim surcharge.

As a further consequence the tenants can apply to the Residential Property Tribunal for a Rent Repayment Order to claim back all rent paid for the past 12 months.

Cllr Tom Shaw, Portfolio Holder for housing, said: “This is one of the worse cases we have ever seen with tenants being subjected to almost inhumane living conditions. What makes it worse is that the actions of the landlord were deliberate and purely for commercial gain.

“I am glad that the maximum penalty as been imposed as this serves as a strong warning to any other landlord who thinks they can get away with this illegal behaviour. HMOs need to be licensed to protect the health, safety and wellbeing of the occupants and to prevent them living in overcrowded conditions with insufficient facilities.”

“The Council takes the condition of the private rented sector very seriously and we have recently embarked on a programme of inspecting all known Houses in Multiple Occupation within Luton. We will not hesitate to take further court action should any other offences be committed, so if anyone living near or knowing of such a property which they believe to be an unlicensed HMO should contact the council on 01582 54 72 22.”

More information for HMO tenants and landlords is available from www.communities.gov.uk or www.rpts.gov.uk, or by contacting the Council’s Private Sector Housing team on 01582 54 72 22 or PsecHousing@luton.gov.uk.