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“Serial offender” landlord fined for breaching Prohibition Order (22 August 2016)

Date: 22/08/2016
Duncan Lewis, Legal News Solicitors, “Serial offender” landlord fined for breaching Prohibition Order

Woking Council has prosecuted a “serial offender” landlord for failing to comply with the requirements of a Prohibition Order under the Housing Act 2004.

Adbul Rehman of Timbers, Maybury Hill – the landlord of 75a Walton Road in Maybury – was found guilty at Redhill Magistrates’ Court of breaching a Prohibition Order that prevented the use of the attic at the property as living space.

The Order also required the attic to be sealed off to prevent access by occupiers and their visitors.

Rehman was fined £3,500, ordered to pay £2,467 costs and a victim surcharge of £120 – a total of £6,087.

The court heard that, after inspecting the property, council officers issued a Prohibition Order in August 2013, prohibiting the use of the attic room due to several health and safety hazards – including the staircase being steep and dangerous with the potential to cause harm.

Rehman appealed the Prohibition Order to the then Residential Property Tribunal – which not only rejected the appeal, but in its judgment in January 2014, imposed a further condition to the Prohibition Order.

A further inspection revealed Rehman had finally complied with the Order.

It was not until December 2015 that the council became aware that the attic was being used again in breach of the Order. The council carried out emergency remedial works to ensure the elderly tenant could remain within the property – and decided to take further legal action against Rehman.

Speaking after the hearing, Woking Borough Council’s Portfolio Holder for Housing Services, Councillor Colin Kemp, said:

“This was a particularly unpleasant case, as at the time of the offence the property was occupied by an elderly tenant who was at risk of suffering a fall due to the steep and dangerous stairs.

“Sadly, Mr Rehman is well known to us and is a repeat offender – when the council had to intervene to protect the safety of his tenant, he challenged us at every step of the way, refusing to accept the housing standards the law demands and his responsibilities as a landlord.

“His conviction in a court of law leaves no room for doubt – his rental practices at his Walton Road property were unsafe and unlawful.

“With the number of people and families renting from private landlords at an all time high, it is the council’s duty to ensure they are not exploited by unscrupulous or negligent property owners.

“The council’s role is to protect its residents from landlords who put them in danger – and, to this end, we will continue to pursue and when necessary prosecute bad landlords.”

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