Housing Solicitors

A landlord in Peterborough has been prosecuted by Peterborough Council for multiple offences relating to a house in multiple occupation (HMO).

Mohammed Ali of Padholme Road in Peterborough was found guilty at Peterborough Magistrates’ Court of six offences relating to regulations that are required to safely operate an HMO – including one offence that was already subject to a prohibition order.

The court heard that Peterborough’s Prevention and Enforcement Service was alerted to the property on Padholme Road, following information reported to Cambridgeshire Police.

On inspection, the property was found to have been rented out to a family in breach of a prohibition order preventing the occupation of the dwelling, due to its dangerous condition.

Following this visit, police and housing officers gained entry into the property next door which, from the outside, displayed the hallmarks of a property in disrepair, said the council.

Officers discovered that it was an HMO occupied by three adults and a child who were sharing a small kitchen space and a bathroom.

The property owned by Ali fell short of five out of 11 regulations required to safely operate a HMO.

The fire escape route was in a dangerous condition with trip hazards and electrical appliances located in the escape route – and the fire alarms were not working.

Occupants had to use padlocks to secure their bedrooms and the front door to the property, which in the event of an emergency could have trapped someone inside.

There was also no valid gas safety checks, nor any electrical safety information available for the property – and Ali was unable to provide that information upon request.

Ali was fined £500 for breaching the prohibition order and £500 for each of the five HMO breaches – a total of £3,000 – along with the council’s costs of £2,263 and a £50 victim surcharge. The total fine was £5,313.

After the hearing, housing enforcement officer for the Prevention and Enforcement Service, Gareth Brighton, said:

“Anybody taking on the role of landlord needs to be fully aware of their responsibilities under the law.

“The property let by Ali was considered so dangerous that the city council had no option but to serve an order prohibiting its use.”
David Marshall – housing enforcement officer for the Prevention and Enforcement Service – added:

“Renting an HMO requires the landlord to be aware of the rules and regulations that govern their operation – and the landlord must carry out robust and frequent checks of the property to ensure it's in good health and repair.

“This case has proven that Ali was operating a dangerous property which had been left unmonitored by the landlord, except for rent collection, for some time.”

Ali had been previously prosecuted for housing related offences, including Failing to Comply with Improvement Notices in October 2014, when he was fined £250 and ordered to pay £425 council costs.

He was also prosecuted by the Crown Prosecution Service during the course of the previous investigation for making threats to kill a council officer, for which he was given 160 hours community service and a two-year restraining order.

Cabinet Member for environment capital and communities, Councillor Irene Walsh, said:

“This case demonstrates the city council’s commitment to ensuring that people’s accommodation is fit and safe to live in – and that any landlord that chooses to operate illegally will be caught and dealt with appropriately.”

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.