A London council has successfully prosecuted two landlords who failed to comply with a planning enforcement notice originally issued against substandard flats back in 2010. 

A court has now ordered a fine of £350,000 and full costs of £247,011.64 in Camden council’s favour against landlords Joel Salem of Finchley and Judith Robinson-Dadoun of Hendon who were both previously found guilty in 2020, under section 179(2) of the Town and Country Planning Act 1990, for their failure to comply with an Enforcement Notice for a property.

The case concerns a failure to comply with an enforcement notice issued against seven unauthorised and substandard flats, the council only having granted permission for four flats.

Judge David Aaronberg KC in his sentencing remarks stated: “…Both defendants bear high culpability in respect of their failure to have complied with the enforcement notice.  Each was, at various times, involved in the management and running of 52 Fortune Green Road, in breach of the notice. Each was directly involved in the letting of the property after the notice came into force, as shown on various tenancy and other signed management and other agreements …and each would clearly have understood the requirements of the enforcement notice and the implications of failing to comply with its requirements over a protracted period.”

He added: “…I am satisfied that the property housed large numbers of people in unsatisfactory accommodation for many years after compliance was supposed to have taken place; this was in direct and flagrant breach of the requirements of the enforcement notice which sought to promote the Council’s Development Plan policies, specifically designed to protect the living conditions of vulnerable people and their neighbours. 

“The tenants of this kind of accommodation often do not feel able to complain to their local authority about their living conditions, and more often still, they do not have the means to do so. That is what makes such tenants vulnerable.

“…I am satisfied so as to be sure that Mr Salem is a wealthy individual who has contrived, over many years, to produce an elaborate and impenetrable network of shareholdings, directorships and property assets initially in order to reduce tax liabilities and also, in the present context, to conceal his true wealth from the court.

“As with Mr Salem, I am satisfied that she [Judith Dadoun] has concealed her true financial worth from the court and that she will be able to realise from undisclosed assets sufficient monies to pay a substantial fine and to meet a substantial costs order.”

Following an investigation by Camden council  an Enforcement Notice was served in October 2010, and this was due to be complied with during May 2011. The defendants failed to comply, ignoring repeated written warnings as to the potential consequences.  

Summonses were served on the defendants in October 2018, alleging that the defendants had acted unlawfully between May 2011 and June 2018. The defendants continued to receive rents until the property was sold, in April 2021.