Housing Solicitors

Lambeth Council in south London has prosecuted a “rogue landlord”, after he converted a property into flats and rented them out illegally without the necessary permissions.

Gilbert Garrick converted a property in West Norwood and let the property in Harpenden Road out as flats.

He had been advised by Lambeth Council that he was breaching planning controls and contravening Lambeth’s planning policies – but decided to go ahead with the project.

Garrick was initially served a notice requesting he cease using the property as flats. However, he appealed against the notice – and after a lengthy public inquiry, the appeal was dismissed by the planning inspectorate.

Garrick continued to ignore the notice, however, and continued to rent out converted flats at the property illegally, resulting in council officers seeking a prosecution for non-compliance.

After a number of court hearings, Garrick eventually pleaded guilty and was fined £30,000, ordered to pay the council’s costs of £15,000 and issued a confiscation order of £382,000 – the amount he had effectively made from rental income on the unauthorised flats.

The matter has been referred to Croydon Crown Court for confiscation proceedings. Once paid, around a third of the £382,000 confiscation order will be handed to Lambeth Council to fund further investigations and court cases relating to rogue landlords – with the remainder being paid to the Home Office and the courts.

Garrick initially has three months to pay the money in full – if he fails to comply, he could face a prison sentence.

Lambeth Council’s planning enforcement and legal teams worked with financial investigators from Brent Council on the case, which is the council’s third success in such cases, with more expected to reach the courts in the future.

After the hearing, Lambeth Council’s Cabinet Member for Housing, Councillor Matthew Bennett, said:

“Lambeth takes a hard line against rogue landlords who try to make a quick buck out of the housing crisis.

“This landlord will have to pay over £400k in fines and could face prison after ignoring the council’s early warning.

“Let this be a lesson to anyone else who thinks they can cheat their way to a profit – Lambeth will always pursue rogue landlords through the courts, to protect our residents from exploitation.”

Duncan Lewis Property and Housing Solicitors

Duncan Lewis property and housing solicitors can advise landlords on their obligations under the Housing Act 2004, as well as advising on planning applications and appeals.

Duncan Lewis is also able to advise private sector rental tenants and public housing tenants on a wide range of housing matters, including:

• Disrepair of rented property
• Housing Benefit
• Housing possession
• Landlord & Tenant disputes
• Local Authority housing
• Right-to-Buy
• Tenancy agreements
• Unlawful eviction.

For expert legal advice on property law and housing law, call Duncan Lewis property and housing solicitors on 020 7923 4020.