Fine issued in May 2023 upheld by First Tier Tribunal

Fine issued in May 2023 upheld by First Tier Tribunal


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The landlord of a property suffering from severe damp, mould and other hazards has been fined £3,000. 

Swale council took actions against the landlord for failing to comply with an improvement notice issued, after serious hazards were found at the property. 

Council officers inspected the property after a complaint and found severe damp and mould caused by leaks, missing sealant, and a defective extractor fan in the shower room. 

They also discovered an entry point for pests, food safety issues due to unsecured storage cupboards, uneven flooring, electrical hazards, fire risks and excess cold due to a lack of fixed space heating in the property.  

Despite being served with an improvement notice to rectify the issues, the landlord failed to take the necessary actions to address the dangerous conditions in the time expected.

This left the council with no other option than imposing a fine for failing to comply with the legal notice.

A council spokesperson says: “Everyone has the right to live in a safe home, and when people decide to become a landlord that is a responsibility they take on.  

“Regardless of how challenging it may be to make the changes needed, the safety of your tenants must be your top priority, and you need to make every effort to fix any hazards within your property.  

“Our officers work incredibly hard investigating unsafe homes and working with landlords across Swale to make sure their properties are kept to a safe standard.  

“This penalty should serve as a warning to landlords who flout the rules and, by doing so, put their tenants lives at risk.”  

The proceeds of the fine are ring fenced and will be directly reinvested back into the council’s private housing enforcement efforts. The council claims this will support ongoing inspections, investigations and enforcement actions to help maintain housing standards and protect vulnerable tenants from unsafe living conditions. 

The fine was issued in May 2023 but was appealed by the landlord, and last monmyh the First-Tier Tribunal rejected the appeal but agreed to reduce the penalty from £6,000 to £3,000. 

The landlord has decided not to appeal this decision and has agreed to pay the fine, and is undertaking the necessary actions to address the hazards.

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