Landlord fined after refusing to carry out improvements

November 17, 2014 by Joanna Harrison

Landlord fined after refusing to carry out improvements

Monday 17th November 2014

A landlord who refused to carry out vital works on his rental property has been prosecuted at Southend Magistrates Court (12th November) after ignoring an Improvement Notice.

Mr Victor Robbins, of Rayleigh Road, Leigh-on-Sea and owner of a first floor flat in Burdett Avenue, Westcliff-on-Sea was found guilty in his absence and fined £2500, along with a £120 victim surcharge and £670 in costs. The maximum fine is £5000.

The Council’s Private Sector Housing Team led the case after receiving complaints from the tenants of the property in February 2014, about damp and a lack of action by Mr Robbins. A PSH Enforcement Officer inspected the property in March which confirmed the property was suffering from severe penetrating damp and excess cold due to a lack of provision of fixed controllable heating. The internal and external stairs were in a hazardous state and the gas boiler had not been serviced for a number of years.

The case was also forwarded to the Health and Safety Executive (HSE), who have their own prosecution case against the landlord.

Cllr David Norman, Executive Councillor for Adult Social Care, Health and Housing, says: “It is not acceptable for landlords to brazenly ignore improvement notices like this and I am delighted with this outcome.

“National regulations are in place for a reason and our Private Sector Housing Team are tenacious in their investigations. I hope that this sends a message to other landlords out there who are not complying with their duties.”

Case background:

An initial letter highlighting the problems at the property and a request for information was sent to Mr Robbins in March 2014. On the 9th June 2014 a Council Private Sector Housing Officer inspected the property and a carried out a Housing Health and Safety Rating System (HHSRS) assessment. This identified three category one hazards:
- Excess Cold
- Damp and Mould Growth and;
- Falls associated with stairs and steps.

On the 20th June 2014 two Improvement Notices were served under the Housing Act 2004 section 11, for excess cold and for falls associated with stairs and steps. Work was required to be completed by 15th September 2014. On the 21st June 2014 the Council received a letter from Mr Victor HG Robbins. The letter confirmed that Mr Robbins had received both the notices but it was clear that he did not intend to carry out works.

On the 19th September the private sector housing team inspected the property, and no works had been completed and there was no satisfactory arrangement in place with Mr Robbins for completion of the works or a suitable alternative plan in place.

The council will now carry out the ‘works in default’ so that the tenants of the property will have heating in the living room and to make the stairs in the property safe. Once the work has been completed the council will recover the costs along with an administrative fee of 30% which covers the Officer costs involved with the action.

There is also a further Housing Act 2004 Improvement Notice served on Victor Robbins regarding the freehold issues at the property (repairing the roof). This notice is due to expire in March 2015.

The HSE are also prosecuting Mr Robbins for failure as a landlord to have the gas appliances at the property serviced within the last twelve months and failure to comply with an Improvement Notice requiring Mr Robbins to have the gas appliances serviced by a competent person.