Fines and prosecutions


Property firm director guilty over HMO breaches Also, the inspections found that


CYRIL THOMAS was found guilty in court of nine breaches of house in multiple occupation (HMO) regulations, including fi re safety. Letting Agent Today reported on the case against Mr Thomas, the director of Platinum Crown Investments, which was brought against him by Colchester Council, with sentencing to take place on 20 December. The case concerned an HMO inspected by the council in December 2015, after a complaint was made by a tenant who said that they and fi ve others had been ‘left without power, light or heat’ for a weekend that November. Inspections revealed that the


fl at, above a letting agency offi ce, had been ‘poorly converted without building regulations approval’, with the fuse box ‘inaccessible’ to tenants. This meant that when the box tripped, they were ‘left in the cold and the dark for two nights, despite their repeated attempts to contact the management company’.


‘Subsequently, we promptly


heating arrangements ‘increased the risk of fi re’, while defects in the escape route ‘would have reduced the tenants’ chances of escaping safely if a fire had occurred’. Despite receiving both written


and verbal guidance from the council after its visit, Mr Thomas ‘did not take adequate steps to improve living conditions’, such as replacing lightbulbs on the escape route, before a follow up inspection. Mr Thomas commented: ‘I am


shocked and disappointed by the outcome of this case, and I am considering an appeal. I have launched a formal complaint over the way in which the council chose to act, given its stated policy of preferring to work with landlords and agents to achieve the best outcome for tenants. ‘Many of the issues identifi ed in this case were already being addressed by our property managers before the council’s fi rst unaccompanied inspection.


arranged a meeting with the council in order to better understand its feedback. We accept there were some issues with this property, which we immediately sought to resolve, but I was shocked when the council chose to pursue legal action. I was also surprised when the council took the somewhat unorthodox approach of pursuing me personally, rather than the lettings business. ‘We take great pride in the


services we provide. Platinum Crown has been effectively managing properties in and around Colchester and beyond for more than 10 years and has always strived to act in the best interests of its residents. ‘I would like to stress that


Platinum Crown takes its property management responsibilities extremely seriously and generally enjoys an excellent working relationship with Colchester Borough Council.’


Ilford landlord jailed for fire safety offences


MANMOHAN SAHIB was prosecuted by London Fire Brigade (LFB) after renting out a property that was ‘too dangerous to live in’. Ilford Recorder reported on


the prosecution of Mr Sahib at Snaresbrook Crown Court, after LFB inspectors had raised a ‘series of serious safety concerns’ at a property on High Road in the town. The issues included a lack of smoke alarms and fi re compartmentation between commercial and residential elements of the building, alongside maintenance and suitability issues regarding fi re doors and lack of emergency lighting along fire escape routes. Offi cers also described that


Mr Sahib ‘knew his premises were not supposed to be occupied while a prohibition notice was in force’, and on re inspecting the property found people living there, ‘including his disabled brother and his carer’, while there ‘also appeared to be young children living at the premises’.


He claimed he was ‘unaware’


residents had returned ‘after being asked to leave’, and said that they must have ‘broken in’. Mr Sahib pleaded guilty to three


offences relating to fi re safety, and was sentenced to four months’ immediate imprisonment, as well as being ordered to pay full prosecution costs of £23,076. In turn, a confi scation order of £8,400 was imposed ‘relating to income received while the premises were prohibited’. Sentencing, Judge Lafferty stated:


‘Landlords who choose to rent out fl ats on upper fl oors to the public, are under a very high duty to ensure


tenants are kept safe from the risks of fi re. You called the LFB and said you had remedied the defi ciencies – that was a bare-faced lie. In my judgment, a custodial sentence is the only one that can be justifi ed. I take the view that the London Fire Brigade is pursuing and performing a very important duty.’ Dan Daly, LFB’s assistant commissioner for fi re safety, added: ‘The fact that the landlord went ahead with the occupation of the building despite being issued with a prohibition notice is truly shocking. Not only does it show a blatant disregard for fi re safety, it put the lives of anyone living there at serious risk should a fi re have broken out. ‘The prison sentence handed


down in this case should send a clear message that, while we will do everything we can to help building owners meet their fi re safety responsibilities, if we fi nd they are blatantly ignoring them, we will not hesitate to prosecute.’


www.frmjournal.com FEBRUARY 2018 15


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