A restaurant owner in Cornwall has been ordered to pay £24,000 for letting an unsafe flat to 10 workers.
In a prosecution brought by Cornwall Council, Jin Ming Cao of the Dynasty Restaurant, Perran Cross Road, Perranuthnoe, pleaded guilty to offences under the Housing Act 2004 at a hearing at Truro Magistrates Court on 6 January 2015.
The prosecution followed work by Cornwall Council's Private Sector Housing Team, Devon and Cornwall Police and the UK Border Agency which identified significant health and safety hazards within a seven bedroom flat above the restaurant, which was occupied by up to 10 workers, all of Chinese origin.
Conditions within the flat were of concern to the investigating environmental health officer who considered the flat to be a major health and safety risk to the occupants.
Cao pleaded guilty to six offences under the Housing Act 2004. Three offences relate to non-compliance with improvement notices to improve a dangerous staircase and installation of a fire detection system, and three offences relate to the management of Houses in Multiple Occupation Regulations relating to an obstructed fire escape route, absence of a gas safety certificate and an unmaintained/faulty fire alarm.
Cornwall Council’s Private Sector Housing team is part of a multi-agency task force, called the Migrant Workers Action Group (MIGWAG), who co-ordinate services to safeguard the health safety and welfare of migrant workers in Cornwall.
Stuart Kenney from Cornwall Council’s Private Sector Housing Team said: “We have been working with colleagues from the UK Border Agency, Devon and Cornwall Police and Cornwall Fire and Rescue service to investigate the quality of multi-occupied accommodation above commercial premises such as restaurants, takeaways and pubs. The majority of our inspections have revealed substandard living conditions and poor fire safety provision which has routinely required enforcement interventions. All landlords must ensure that those dwellings meet minimum safety standards and any landlord who is unsure of their obligations is encouraged to contact the Private Sector Housing Team.
“Cornwall Council in partnership with local and national residential landlords associations is developing a scheme whereby landlords will be able to work in partnership with regulators to ensure that legal obligations are met.”
Joyce Duffin, Cornwall Council cabinet member for housing and environment, said: “Cornwall Council values the contribution that well maintained private rented accommodation makes to the local housing market but will intervene where a property fails to meet the minimum standards required. This case highlights that some landlords are not fulfilling their legal obligation to ensure the health, safety and welfare of their tenants.
“The council will make every effort to advise, educate and work with landlords but those who plead ignorance or fail in their obligations can rest assured that the council will make every effort to bring them to book.”
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