Following a fatal fire on 29 April 2011 at 546 Coldhams Lane, the landlord Darius Valiulis of Neville Road Cambridge, was prosecuted by Cambridge City Council for breaches of the Management of Houses in Multiple Occupation Regulations 2006, and fined a total of £10,000 plus £6,000 costs. Mr Valiulis admitted that he owned another three rental properties, which have now been inspected by council officers.
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The Regulations impose a duty on the landlord to protect the occupiers of the house in multiple occupation (HMO) from injury, having regard to the design of the HMO, and the number of occupiers of the HMO. They also require the manager of the HMO to provide current electrical and gas safety records to the local authority. This is the first case that the council has brought under the HMO Management Regulations.
On 29 April 2011, a fatal fire occurred at a house in multiple occupation at 546 Coldhams Lane. The fire started in the rear first floor bedroom, resulting in the death of the occupant of that room.
At the time of the fire, the house was occupied by seven individuals, including three in one room. The fire precautions in the property were described by the Fire Service as “woefully inadequate”, consisting of a single smoke detector on the first floor landing. There were no fire doors, and the doors to the bedrooms were key operated, which did not allow easy emergency exit.
The ceiling of the room where the fire started was covered with polystyrene tiles. These are highly flammable, and give off toxic fumes on combustion. Their use is not recommended in HMOs.
Mr Valiulis was also convicted of providing false information regarding his responsibility for management of the house.
At the initial hearing in October 2011, Mr Valiulis pleaded not guilty to five out of eight charges. The three charges to which he pleaded guilty were failing to provide a gas safety record, failing to provide fire exit signs and failing to provide written notice of the manager’s name and contact details.
After a series of postponements, the case was heard on 13 March 2012, at which time Mr Valiulis offered no defence to the charges. He was subsequently found guilty of the remaining five charges, and fined £2,000 on each count. The council’s costs of £6,000 were awarded against him.
Cllr Catherine Smart, Executive Councillor for Housing, said “The tragic consequences of the neglect that led to this case should be a reminder to everyone that unsafe housing must not be ignored. Tenants should report such neglect and not let it continue: their lives could depend on it. Landlords must provide a safe place to live if they wish to continue in business. The city council will not ignore the risks to those living in this city from unsafe housing.”
Steve Elve, Fire Protection Manager for CFRS said: “This is an excellent result for everyone at the council and fire service who has worked hard gathering evidence and organising the case.
“We hope this will send a message to all landlords that they have legal responsibilities to keep their buildings safe, and they will be prosecuted for failing to meet these responsibilities. More importantly, adhering to the legislation will keep tenants safe.
“Fire safety regulations are there to make buildings safer and simple things such as having enough smoke alarms and fitting fire doors can save lives in the event of a fire.”
