Fines and prosecutions ‘Serious issues’ at Sunderland flats result in large fines


TYNE AND Wear Fire and Rescue Service (TWFRS) has prosecuted three men because two houses in multiple occupation (HMOs) in the city presented a ‘serious risk to life’ through fire safety failures. Sunderland Echo reported on the case brought by TWFRS against Mohammedsalem Sabbar Mahdi, Abdullateef Sabbar Mahdi (the Sabbar Mahdis) and Ahmed Khattab over the HMOs in North Bridge Street, the Sabbar Mahdis being the owners of the building and Mr Khattab the managing agent. At Sunderland Magistrates’ Court, TWFRS noted that its investigation followed information received from Sunderland Environmental Health – undertaking its own investigation – about the property. TWFRS inspected the property in December 2018, finding ‘serious fire safety concerns’ and in turn identifying similar issues at two adjoining flats. Home to 11 residents at the time, the building ‘presented a serious risk to life’ because of a lack of fire resistant compartmentation and working fire alarm, and TWFRS placed a prohibition notice on the two blocks of flats, preventing residents from living there until fire safety issues were addressed. As a result, Sunderland City Council provided tenants with alternative accommodation.


Building work at the property –


which had been converted ‘poorly’ into self contained flats – had not complied with regulations, and as such ‘contributed to the breaches of fire safety’. The Sabbar Mahdis were found guilty of two counts of failing to reply to an Article 27 notice, while Mr Khattab was found guilty of four counts of failure to reply to an Article 27 notice. He was also found guilty of nine offences under the Licensing and Management of Houses in Multiple Occupation (additional provision) (England) Regulations 2007. The Sabbar Mahdis were individually fined £500 for each offence plus costs of £1,563 and a £50 victim surcharge, while Mr Khattab was fined £150 for each offence plus costs of £1,563 and a £170 victim surcharge.


Fine issued for HMO landlord Magistrates Court for sentencing in December 2019 and pleaded guilty to illegally managing an HMO, as well as seven breaches of HMO regulations. He was told in court that he had ‘not taken his responsibilities as a landlord seriously enough’, and that he had been ‘uncooperative’ with the council, as well as ‘showing little regard’ for tenants. He was fined £27,000, including a £170 victim surcharge and costs of £848. Tom Shaw, portfolio holder for


MARCO CARUSO was fined £27,000 over an unlicensed house in multiple occupation (HMO) in Luton which had also been found to have a ‘series’ of fire safety issues. Luton Today reported on the


prosecution of Mr Caruso, whose property was found by the council to not only be unlicensed, but also to have had ‘poor fire alarm systems’, blocked fire exits and a series of other issues including ‘missing and broken’ roof tiles; a hole in the ceiling above the building’s first floor landing; and ‘evidence of rodent infestation’. As a result, he appeared at Luton


housing, commented: ‘This is a great result for the [council’s] rogue landlord project and an excellent example of


Richie Rickaby, group manager and head of fire safety at TWFRS, commented: ‘Providing relevant information to us is an essential part to any fire safety investigation and failing to do so prevents the service from being able to do its job. In these circumstances, the service will not hesitate to use its full powers to ensure that those responsible are dealt with appropriately by the courts. I hope this case will also provide a stark warning to others who may seek to avoid their fire safety responsibilities.’ Fiona Brown, executive director of neighbourhood services at Sunderland City Council, added: ‘As a council we have a duty to protect the public, so we are pleased to have been successful in bringing this case to court. Landlords have clear responsibilities for houses in multiple occupation and these are enshrined in the 2006 and 2007 Regulations. ‘Failing to comply with the


regulations commits an offence and the Council will exercise its statutory function and target criminal landlords who put profits before safety. The Housing Enforcement Policy launched by the council in June will allow a civil penalty to be issued, as opposed to a prosecution, and these can be up to £30,000.’


NEWS


how we are working together to ensure that private housing in Luton is of a good standard. If an HMO is poorly managed, the tenant’s safety could be at risk. We are committed to identifying rogue landlords and making sure the properties they manage are in a good condition and adhere to safety regulations, or face prosecution. ‘I would strongly encourage


tenants or neighbours who suspect a landlord is not adhering to the rules to get in touch with us. Residents can report concerns by emailing HMO. hotline@luton.gov.uk or calling 01582 547222 in complete confidence.’


www.frmjournal.com APRIL 2020 17


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