Legal News

Newham Council in East London has prosecuted an HMO landlord for having the wrong licence.

Judith Korkar Odompleh, 64, of Sunningdale Avenue in Barking pleaded guilty to 14 offences under the Housing Act 2004 and Houses in Multiple Occupation Regulations 2006 at Thames Magistrates’ Court.

In June 2015, Newham Council’s private rented sector licensing team wrote to Odompleh asking her to provide documentation about her three-bedroom rental property in Durham Road, Manor Park.

She failed to respond to the request to provide copies of tenancy agreements, safety certificates and logs on landlord inspection visits, breaching the conditions on her licence.

In September 2015, the team visited the property, which held a licence to house one family.

However, during the inspection, the officers found four households living at the property, including a mother and her 14-year-old daughter living in the downstairs front and middle rooms, a couple in their 40s living in the master bedroom upstairs – and two single men living in the other bedrooms upstairs.

In November, the council wrote to Odompleh, informing her she had failed to comply with licensing regulations by not providing the documentation requested by the council – and had breached her licence by over-occupying the house.

She was also informed that, as there were four households living in the property, she had the wrong licence and needed to licence her property as an HMO and manage the property according to regulations. An HMO requires additional safety and management measures to protect tenants – for example, the property must have a fireproof kitchen door and fire alarms wired into the property’s electrics, to ensure they do not fail in an emergency.

Landlords of HMOs are also responsible for managing and keeping clean the common areas of the house, such as the kitchens and bathrooms – and ensuring the property is in good repair.

Odompleh failed to reply to the council’s letters and was summoned to Thames Magistrates’ Court to answer 16 charges related to these offences. She pleaded guilty to 14 offences and was ordered to pay fines totalling £39,240, as well as council costs of £256.41 and a victim surcharge of £120.

Councillor Andrew Baikie, Newham Council’s Mayoral Advisor for Housing, said:

“Our licensing scheme is designed to protect tenants from landlords like Odempleh, who overcrowd their properties in a bid to maximise their profits.

“This large fine sends a stern warning to other landlords that magistrates are seeing through their stories – and have little patience for those who disrespect the law and the council.

“Landlords can try to ignore us, but we will not rest until we find out what is happening at their properties – and making sure that they are behaving responsibly towards their tenants and their neighbours.”

Newham Council was the first council in the country to introduce private rented sector licensing across the whole borough in January 2013, to tackle poor housing standards and anti-social behaviour.

Since then, more than 24,000 landlords have registered and licensed more than 35,000 properties in the borough.

The council has prosecuted more than 1,000 landlords for failing to licence their properties correctly or keep them in good condition – and has also banned 28 landlords who have multiple housing convictions from managing their property portfolio in the borough.

Duncan Lewis Housing Solicitors

Duncan Lewis housing solicitors can advise landlords in the private rental sector on their obligations under the Housing Act, including health and safety matters (Gas Safety checks), HMO licences, Right to Rent checks, disrepair matters, Notice to Quit, unlawful eviction and landlord and tenant disputes.

There are Duncan Lewis offices nationwide – and more than 20 offices across London and the southeast.

Duncan Lewis can also advise on planning applications and appeals.

For expert legal advice on UK housing and property law, call Duncan Lewis housing solicitors on 0333 772 0409.