Fines and prosecutions


THE HOUSE in multiple occupation (HMO) in Birmingham saw its landlord fined £2,000 for fire safety breaches, under the city’s new civil penalty regulations. Birmingham Mail reported on


the case, involving a two storey HMO in Small Heath, which had been home to nine people in total. When visited by Birmingham City Council officers in November 2018, the property was found to have ‘no interlinked fire alarm’, no fire doors or fire blanket, and a ‘lack’ of fire separation within it. The landlord had cooperated with the investigation in this ‘landmark’ case, and the work required was ‘swiftly completed’ to a ‘high standard’, so the fine was reduced to £2,000 from a previously ‘higher’ figure. The landlord was the first to be prosecuted and punished under the council’s new civil penalty regulations, which had been updated earlier this year and which allow the council to issue penalties of up to £30,000 for overcrowding or ‘failure to comply’ with management regulations. As the Ministry of Housing,


Communities and Local Government had issued ‘strict guidance’ on what information could be released, it was not possible to name the landlord or disclose the address of the property, with all rented buildings


offending, but to also help ensure that the landlord fully complies with all of their legal responsibilities in the future.’ Sharon Thompson, cabinet


occupied by five or more people ‘from two or more households’ requiring an HMO licence from the council. A three storey threshold was scrapped last year, and there are rumoured to be around 1,900 licensed HMOs but over 4,000 unlicensed properties. Birmingham City Council said


that the property was not licensed at the time of the inspection, ‘but was not penalised’ for this because of a ‘three-month grace period’ from this October, during which landlords could apply and were encouraged to ‘proactively’ apply for licences instead of the council ‘taking immediate enforcement action’. A spokeswoman stated: ‘The


ultimate goal of civil penalties and our Birmingham City Council policy is to prevent any further


member for homes and neighbourhoods, added: ‘While there are a great many landlords who provide excellent accommodation, inevitably there are some who will only respond and make necessary improvements on threat of financial penalties or legal action. With that in mind, I’m delighted that the recent change in policy has improved our effectiveness and ultimately enabled us to take enforcement action against landlords who are letting substandard accommodation. ‘HMO properties have a


massive role to play in providing affordable housing to people in Birmingham, particularly as we are in the midst of a national housing crisis. However, these properties must also meet building and fire safety standards, be properly regulated, appropriately licensed and ultimately provide good quality housing for citizens who are paying a monthly rent. ‘We’ll continue to work closely with the private-rented sector to ensure that people have a broad range of choice for housing in Birmingham.’


Company fined for student block fire deficiencies Other issues included an ‘inadequate’ roller shutter door that could have been a fire escape route, and dust covers left on smoke detectors. An enforcement notice to fix the defects at the block on Rockingham Lane was issued and the door was prohibited from being closed at night. At Sheffield Magistrates’ Court, the company admitted three offences under the Regulatory Reform (Fire Safety) Order 2005,and was fined £36,000, as well as being ordered to pay prosecution costs of £12,629.


ASHGATE PROPERTY Developments Ltd was prosecuted over a block of flats in Sheffield by South Yorkshire Fire and Rescue Service (SYFRS). BBC News reported on the


prosecution after a visit from SYFRS’ business fire safety team in October 2017, prompted by a student having ‘raised concerns’. During the inspection and subsequent visits, officers discovered ‘serious fire safety concerns’, including poor fire separation between flats and the corridor escape route when tenants were moving into the block.


SYFRS area manager Steve Helps commented: ‘This verdict should serve as a stark warning to property developers and landlords that they have a duty under fire safety laws to ensure people sleeping in premises they’re responsible for are safe from the risk of fire. ‘If we find people are ignoring


these responsibilities we won’t hesitate to prosecute and the sentence handed down in this case shows that the courts take these matters just as seriously as we do.’


www.frmjournal.com OCTOBER 2019 19


NEWS ‘Landmark’ HMO prosecution applies new legislation


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