Landlord fined for failing to provide documents to council’s housing officers
The landlord of a suspected six-bedroom House in Multiple Occupation (HMO) in Blunsdon St Andrew has been fined by magistrates.
Published: Wednesday, 14th August 2024
Daria Smith, the co-owner of 44 Northbourne Road, pleaded guilty to not complying with a Section 235 Notice, which is a breach of Section 236 (1) of the Housing Act 2004.
Mrs Smith was sent a notice demanding that she produce tenancy agreements and bank statements for any occupiers of her property.
The notice was sent after a prospective buyer of the home contacted the Council stating the property was occupied by six tenants as a licensable HMO, without such a licence being place.
An investigating officer from the Council then visited the property unannounced and spoke with one of the tenants who said there were six people living there and he wasn’t related to any of them.
Witness statements were taken from two other occupiers. Both statements confirmed six people lived in the property and they were not related to one another. The property has six bedrooms with a shared kitchen and bathroom and is therefore it is believed mandatory HMO licensing applies.
The notices to provide tenancy agreements and bank statements were not complied with and, shortly after the Section 235 notice was served, the tenants were evicted or left the property.
Daria Smith stated the property had not been rented out as an HMO and had been rented to family and friends. After failing to attend two Police and Criminal Evidence Act (PACE) interviews with the Council, notices were served on both registered owners but the case was only pursued against Daria Smith as the rent is shown as being transferred to her and witness statements refer to Daria Smith as the landlord.
After pleading guilty at Swindon Magistrates Court to failing to comply with the Section 235 Notice, magistrates fined Daria Smith £300 and ordered her to pay £4,022 in court costs.
Councillor Jim Grant, Swindon Borough Council’s Cabinet Member for Communities and Partnerships, said: “As a council we have an important role in ensuring that private sector housing accommodation in Swindon is being managed responsibly and appropriately.
“I hope this prosecution sends a clear message to landlords that they must comply with notices issued by the Council and that we will take action if they choose to ignore their legal responsibilities.”
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