Sutton Council prosecutes landlord for operating an unlicensed house in multiple occupation

Sutton Council has successfully prosecuted a landlord for operating an unlicensed house in multiple occupation on Sutton High Street and for failing to comply with regulations concerned with managing the property to keep tenants safe.

The defendant, TLK Properties and Investments Ltd, received fines totalling £4,450 for offences under the Housing Act 2004, along with a contribution to prosecution costs of £3,500, and a Victim Surcharge of £120, making a total of £8,070.

In November 2014 the council’s Environmental Health team visited the premises at 234-236 High Street following complaints about the amount of rubbish at the rear of the building. An inspection inside the premises revealed that the original offices had been converted into residential accommodation as a house in multiple occupation and rented out to 21 people.

Further investigation identified a leaking roof that had caused the kitchen ceiling to collapse damaging a tenant’s belongings and a broken shower in one of the bathrooms left five tenants without hot water for more than two months.

The main front-door lock was broken and had not been repaired, which meant anyone could gain access into the property, as one tenant discovered when coming home late one night to find a rough sleeper in the entrance hallway. The tenants’ security and safety were further compromised as the stairway lights did not work.

The electrical supply was not fit for purpose as it was designed for use in an office not living accommodation.

Council officers were also very concerned by the lack of appropriate smoke alarms to give warning of fire. The fire-fighting equipment that had been supplied had not been serviced for more than four years.

It is a legal requirement that anyone owning or managing a house in multiple occupation that is three or more storeys high and occupied by five or more people living as more than one household must apply for a mandatory licence under the Housing Act 2004. TLK Properties and Investments Ltd had not applied for a licence and on conviction were fined £2,500.

The disrepair and management issues were also offences under the Management of Houses in Multiple Occupation Regulations 2006 and TLK Properties and Investments Ltd were found guilty of six of the seven offences they were charged with, receiving fines of £1,950. They were also ordered to pay the council’s costs and a Victim Surcharge of £120. It is also possible for the tenants to reclaim from the landlord some of their rent paid during the time they lived at the property.

Cllr Jayne McCoy, Chair of the Housing, Environment and Business Committee at Sutton Council, said:

“Sutton Council encourages borough landlords to provide a good standard of affordable accommodation to their tenants. We will take steps to protect residents’ health and safety where necessary, especially where legislation is ignored. TLK Property and Investments Ltd has appealed against the conviction and the case will be referred to the High Court.

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