Landlords 2017 to 2018
The Housing and Planning Act 2016 introduced powers that allow local authorities to impose a civil penalty of up to £30,000 as an alternative to prosecution for a range of offences under the Housing Act 2004. We will and are acting on rogue landlords found to be in breach of property management regulations. We have currently served 17 Civil Penalty Notices on landlords and managing agents totalling approximately £150,000.
Abass Asady, Muttaz Kattrany and Zaki Al Samah
In April and May 2018 we prosecuted the owner and landlords of a property on Dolland Street, Harpurhey for failure to comply with a Prohibition Order and for being in control of a house in multiple occupation (HMO) in Dolland Street, Harpur Hey, which breached the Management Regulations for HMOs.
A council inspection found the property had been illegally converted into a three storey shared house. Unapproved and unlawful structural changes had been made to both floor and ceiling heights meaning a window was shared between two storeys. Fire safety precautions had been ignored and the electrics were unsafe. The condition of the property was so dangerous it was deemed a serious safety risk for its tenants and a Prohibition Order was served. The order forbade the property’s occupation until repairs were completed to make the property safe.
On a return visit to the property, the property was found tenanted - in breach of the Prohibition Order - and no remedial work had been carried out. Those in control of the property were ordered by Manchester Magistrates Court to pay a total of £12,270 after each was found guilty of twelve offences for breaching their legal responsibilities under the Housing Act 2004.
Abdul Raza Saddiqui
In April 2018 we prosecuted Abdul Raza Saddiqui for being in control of a house in multiple occupation (HMO) in Seymour Road, Crumpsall, which breached the Management Regulations for HMOs.
Following reports of poor living conditions and potential illegal activity a multi-agency visit led by the Housing Compliance and Enforcement Team was arranged and included the Police, Social Workers and Anti-social Behaviour Specialists.
The property was found to be in an unacceptable condition with hazards including fire safety, no fixed heating, dangerous electrics, overcrowding and a leak from the shower room causing the ground floor ceiling to collapse. The exterior of the building was strewn with rotting vegetation, discarded furniture, broken white goods and other refuse.
Officers deemed that it was unsafe for the residents to remain therefore an Emergency Prohibition Order was served under section 43 Housing Act 2004 prohibiting the premises from being used as sleeping accommodation, and provisions were made for the families to be provided with emergency accommodation.
Mr Saddiqui was prosecuted under the Housing Act 2004 Section234 (3), for 12 Breaches of HMO Management Regulations and was fined a total of £3682 including costs and victims surcharge.
Abdul Waheed Rafiq and Naweed Ahmed
In May and June 2018 brothers Naweed Ahmed, 48 and Abdul Waheed Rafiq, 49 both of Aldborough Road, South Ilford were prosecuted for being in control of houses in multiple occupation (HMO) on Church Street and Thomas Street, Manchester City Centre which breached the Management Regulations for HMOs. The brothers also failed to comply with Improvement Notices and Prohibition Orders served on their respective properties.
The flats in the city centre had been illegally converted to create additional bedrooms and were found to be overcrowded, in a state of disrepair and with hazardous electrics and inadequate fire precautions in place. Some of the bedrooms were not fit for occupation, for example one bedroom had no natural light and ventilation and one bedroom was only accessible via a communal kitchen. Improvement Notices required the landlords to carry out works to ensure the properties were safe for occupation and Prohibition Orders were served to reduce occupancy
Ahmed was fined a total of £7,839 including costs and victim of crime surcharge and Rafiq was fined £7,455 including costs and victim of crime surcharge.
Yin San Tou
When we first inspected the property on Hamilton Road, Longsight, we found it did not meet HMO standards. One of the rooms used for sleeping was too small to be used as a bedroom. This was made clear to the landlord Mr Tou and a HMO licence was granted with conditions requiring the landlord to reduce the number of occupiers. However, during a compliance inspection it was found that Mr Tou had actually increased the number of occupiers in the premises.
In February 2017 we prosecuted Mr Tou for having control of HMO that breached the conditions. Mr Tou was fined £920 and ordered to pay the costs of the council of £433.08 and £46 victim surcharge - a total of £1399.08.