Legal News

Woking Borough Council is considering taking legal action against a private landlord, after intelligence provided by Home Office Immigration Enforcement Officers resulted in the immediate closure of private rented accommodation.

On Wednesday, 5 October, officers from the council’s Housing Standards Team visited the property at 8 The Broadway, Woking – along with officers from Surrey Fire and Rescue Service.

Officer investigations uncovered eight people occupying rooms above the take away pizza premises as well as in basement store rooms, with only a few poorly positioned battery smoke alarms provided within the accommodation –
and inadequate fire protection in place to protect the tenants if a fire occurred in the take away shop below.

The property was condemned as unsafe and hazardous for its occupants.

The council’s officers took immediate action by shutting down the dangerous private rented property using an Emergency Prohibition Order under Section 43 of the Housing Act 2004 – which takes effect immediately to remove the imminent risk of serious harm presented by health and safety hazards in residential accommodation.

The displaced tenants were assisted and prioritised by the council’s Housing Options team, who offered all occupants emergency temporary accommodation.

The council’s Emergency Prohibition Order was further supported by the Surrey Fire and Rescue Service – which also issued an Article 31 Direction under the Fire Safety (Regulatory Reform) Order 2005, prohibiting the use of the basement rooms as living accommodation.

Landlord Wahed Rahimi attended the property’s closure, where he was advised of the health and safety issues affecting the accommodation – and that Woking Borough Council would be investigating potential Housing Act offences relating to poor management of the property and the absence of an HMO (Houses in Multiple Occupation) licence.

All HMOs comprising three or more storeys, occupied by five or more people sharing at least one amenity are required to be licensed with the council.

Councillor Colin Kemp – Woking Borough Council’s Portfolio Holder for Housing – said:

“It is unbelievable how some unscrupulous landlords treat their tenants and have no concern for their tenants’ basic safety.

“Yet again, this case emphasises that the council will not tolerate neglectful landlords who do not take the health and safety of their tenants seriously – the provision of fire alarms in rented accommodation is a basic statutory requirement, not a luxury, and could well mean the difference between life and death in the event of a fire.

“If you are a private sector tenant worried about the safety of your rented property, please seek advice from the council’s Housing Standards Team.

“They offer free confidential advice and guidance on the measures that your landlord should be providing and your rights as a tenant.”

Duncan Lewis Housing Solicitors

Duncan Lewis housing solicitors can advise on a wide range of housing law, including advising developers and self builders on planning permissions and planning appeals.

There are Duncan Lewis offices across England and Wales and our housing team is also able to advise on:

• Debt management for homeowners


• Disrepair of rented property


• Housing Benefit


• Housing possession


• Landlords’ obligations


• Landlord and tenant disputes


• Lease extensions


• Local Authority housing


• Mortgage repossession


• Notice to quit


• Nuisance neighbours


• Right to Buy


• Right to Rent checks


• Tenancy agreements


• Unlawful eviction.