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Landlord in disrepair appeals prosecution and £17,693 penalty (10 August 2016)

Date: 10/08/2016
Duncan Lewis, Legal News Solicitors, Landlord in disrepair appeals prosecution and £17,693 penalty

Brent Council in northwest London has prosecuted a Cricklewood landlord who allegedly ignored his tenant’s requests for repairs to be carried out at the property they rented from him.

Paul Fenton – who lives in Radlett in Hertfordshire – pleaded guilty at Willesden Magistrates’ Court to offences under the Housing Act 2006, having failed to explain how the flat that he was renting out for £1,000 per month had fallen into disrepair.

Housing inspectors found that the property on Walm Lane in Cricklewood, northwest London suffered from severe damp and mould growth throughout –the chair of magistrates told the court that it was not fit to live in.

The property also had a dilapidated, leaking boiler and a rotting front door.

After tenant approached Brent Council to complain about its condition, enforcement officers inspected the flat in August 2015 and found a number of deficiencies and hazards.

The landlord was issued with a formal demand from the council, which required him to repair the damage within 56 days. Council officers returned to the flat in both January and May 2016 and confirmed that the repairs had not been done.

Fenton – who has owned the flat since 1990 – claimed that he had not been inside the property “for years” and had assumed that the tenants were happy with its condition, as they had not asked him for help with repairs.

He added that he had assumed that the cheap rent – and the fact that he had allowed the tenants to break their tenancy agreement by keeping a dog and running a business from the flat – meant that they were happy with the situation.

The case was delayed as the defendant had also claimed that he was not sure of his income – and he had not even completed his means form.

The court fined him £16,000 and ordered him to pay costs of £1,573 and a victim surcharge of £120 – a total of £17,693. He is appealing against his prosecution.

After the hearing, Brent Cabinet Member for Housing, Councillor Harbi Farah, said:

“The dreadful conditions found at this flat re-affirm once again how important our private sector licensing scheme is.

“Brent is committed to supporting tenants by prosecuting unscrupulous landlords who are happy to under-maintain and overcrowd their properties.”

The council said that most private landlords in Brent were legally required to obtain a licence from the council.

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Duncan Lewis can also advise private and public sector rental tenants on housing benefit, local authority housing, disrepair, landlord and tenant disputes and unlawful eviction.

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