Legal News

A judgment won by Luton Council over a series of management regulations breaches relating to the safety and running of illegal houses in multiple occupation (HMOs) has been upheld, after a lettings agency appealed against it.

On Thursday 12 May, lettings agent Altavon Property Management Ltd, failed in its appeal to overturn a judgment made against it earlier in the year.

On Tuesday 24 January, both Altavon Property Management Ltd – and the landlord of the property, Adrian Simion, 30 – had been found guilty at Luton Magistrates’ Court of a series of management regulations breaches, relating to the safety and running of illegal HMOs.

Neither Simion nor the lettings agency had attended the initial hearing and had both been convicted in their absence.

Altavon was fined £20,000 and Simion was fined £7,000.

However, Altavon brought the appeal against both conviction and sentence.

The appeal was dismissed at Crown Court – and in his judgment, Recorder Bridge stated that anyone taking money for renting properties must comply with the law.

He added that, while Altavon Property Management Ltd made requests to inspect the property, when these were deflected by the occupants, the company made “inadequate attempts” to exercise their responsibilities and insist upon access.

The defendants claimed they were unaware that it was an HMO, as they had let it out to a single person.

This was no excuse, Bridge observed, as it was their responsibility as agents, to be aware of what was going on at the property.

The appeal was dismissed and the fine remained in place.

The council’s application for costs of £932.07 was granted in full.

After the hearing, Director of Housing at Luton Council, Patrick Odling-Smee, said:

“We are delighted the Recorder has upheld the original decision and dismissed the appeal.

“This was a significant case for the council – not only was the accommodation being run as an unlicensed HMO with all the attendant safety concerns, but in this instance, there were particular concerns around the vulnerability of tenants.

“The findings of the Appeal Court send out a strong message to everyone that, together with our partners, we will do all we can to uphold the law – and protect anyone who is exploited when it is not adhered to.”

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