Fines and prosecutions


ALFRED SAMUEL John de Gruchy was fined £28,000 after two of his properties on Jersey were discovered to be operating as boarding houses without ‘basic’ fire prevention. Jersey Evening Post reported on


the prosecution of Mr de Gruchy and his company Continental Developments, alongside his daughter, Veronica Scott, who had done administrative work. The offences related specifically to failing to have the correct fire certificates for two houses in St Aubin, ‘which had been leased out as private single dwellings but converted to multi-occupancy residences’ housing 12 people. Both said that this was ‘done without their knowledge’, with the case at the Royal Court hearing that Mr de Gruchy – who owns 58 properties and has been a landlord for more than 70 years – was ‘mortified’ to be in court. Crown advocate Conrad Yates stated that Jersey Fire and Rescue Service (JFRS) officers visited Dunell House in June 2017, with the ‘view to’ inspecting it as a house in multiple occupation (HMO). Officers found that it contained


seven bedrooms over three floors, with three bathrooms, two main kitchens and a third smaller kitchen on the second floor, and all bedrooms padlocked. ‘Unsafe’ electrical cables ran throughout, with wires carpet taped and electrical adaptors being used for plug sockets. Mr Yates stated: ‘These posed


a hazard because of a higher risk of mechanical failure which can lead to sparking.’ Officers also found ‘dangerous activity’ from ‘fully loaded’ electrical extensions cables, while a ground floor cupboard was filled


NEWS Landlord fined for lack of fire prevention measures


with ‘combustible material’ such as furniture, portable electric heaters and cardboard. One tenant told officers that another of the company’s properties, 2 Roadside Villas, was also ‘being used by multiple tenants’, so JFRS went to inspect that building. Here, they found that the


property was in a ‘better condition’, with five bedrooms, and shared cooking and bathroom facilities across three floors. However, none of the bedrooms had fire doors, socket adaptors were being used again and two of the upstairs bedrooms had walls ‘covered in flammable fibreboard’ – something that is ‘not permitted’ in HMOs. Neither property had the fire


certificates required for HMOs,and prohibition notices were served, forcing most residents ‘to vacate’ that same day. Both landlords maintained that the properties ‘had been modified without their knowledge’, but admitted that they had ‘no written leases in place’ and had not carried out any inspections. Defending counsel advocate Nuno Santos-Costa said that the defendants accepted their


responsibility for ‘statutory failings’, but had been ‘highly distressed’ by the 18 month ‘ordeal’ leading to court, particularly Mrs Scott who had ‘not played a major role in letting the properties’ and only worked on the ‘periphery’. Mr Santos-Costa did not offer mitigation to reduce the fines as Mr de Gruchy was a ‘wealthy man’ who could pay ‘whatever fine was imposed’. Instead, he said that both


clients wanted to explain their positions to the court, with Mr de Gruchy having now engaged a management company for his properties, as being 97 years old, he conceded that he was a ‘little too old to do it himself’. Both Mr de Gruchy and Mrs Scott admitted two charges of failing to have the correct fire certificates in place. Deputy bailiff Tim Le Cocq


stated that the ‘serious’ breaches could have resulted in people being ‘killed or injured’. He added that landlords should not take a ‘cavalier view’ of obligations, and fined both £28,000, as well as ordering them to pay £5,000 towards the Crown’s costs


HMO landlord charged with fire safety offences


MAHMUT GILGIL was alleged to have committed offences under the Housing Act 2004 at his house in multiple occupation (HMO) in Poole. Bournemouth Echo reported on the case at Poole Magistrates’ Court, related to a property above a fast food shop where the breaches were


‘carried out’ between April and May 2018. Prosecutors claim there were around 20 breaches of the Act, with Mr Gilgil not having entered a plea and the case adjourned until a Turkish interpreter could be arranged. He was charged with: failing to provide a fire detection and alarm


system; failing to fix fire resistant plasterboard; and failing to replace doors with 30 minute fire doors. In addition, Mr Gilgil was accused


of failing to provide a gas safety certificate, to clear vegetation from gutters, and of failing to replace loose and missing roof tiles


www.frmjournal.com MARCH 2019 19


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