In February, Magistrates in Lincoln handed down fines and costs totalling over £10,000 against a local landlord for two offences of failing to protect the occupiers in a Burton Road property from risk of injury. The prosecution resulted from an inspection in June 2017 in response to a complaint by a member of the public.

The City of Lincoln Council took the case against Mr Javid Keshmiri under the Licensing and Management of Houses in Multiple Occupation (Additional Provisions)(England) Regulations 2006.

One of the offences concerned several breaches of fire protection requirements including failure to provide adequate fire separation when the property was converted from a terraced house into ground floor and first floor flats without planning permission or building regulations approval. Doors opening onto the bottom of the stairs were wallpapered over, balustrades on the stairs removed and a door was also removed that would have protected the stairs from a fire in the kitchen/living room created in the first floor flat.

The other offence related to failure to provide restrictors on two windows with low sills in the first floor flat. These were essential to prevent young children living in the flat falling out of the windows.

Upon sentencing the magistrates commented: “We have thought long and hard about this matter. You have a portfolio of 20 properties. It is reasonable to expect you to have a sound knowledge of Houses in Multiple Occupation. You have failed in your duty of care to ensure the safety of your tenants and to take all such measures required to protect them. We have fined you £4,000 in respect of each flat, giving a total fine of £8,000. This has been reduced from £12,000 because of your early guilty plea.”

This was the second occasion Mr Javid Keshmiri has been prosecuted by the Council for such offences. He was previously convicted in October 2016 at Lincoln Magistrates Court for eleven similar offences at a property in Ely Street when he was fined a total of over £8,000.

The Council is concerned that landlords have created unsafe flats in Lincoln by dividing up properties without complying with Building Regulation requirements. By doing so they are liable to comply with Licensing and Management of Houses in Multiple Occupation (Additional Provisions)(England) Regulations 2006 as they have created what are known as “Section 257 HMOs”. Such properties are subject to regulation under section 257 of the Housing Act 2004.

In response to concerns about unsafe accommodation in the private rented sector the Council has obtained funding from the government for a two year Rogue Landlord project to inspect properties in the city and require improvements, or if necessary prosecute, landlords. The Rogue Landlord Team are carrying out proactive inspections as well as responding to complaints made to the Council.

The Council also operates a Trusted Landlord Scheme to promote those landlords who comply with legal requirements and are members of recognised organisations who provide advice and training.
www.lincoln.gov.uk/housing

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