Landlord ignores Improvement Notice and ends up in court

Landlord ignores Improvement Notice and ends up in court


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A landlord has been prosecuted after failing to comply with an Improvement Notice when a number of serious hazards were identified.

South Holland council served an Improvement Notice to Peter Higgins after an inspection identified a number of serious hazards at his rental property in Long Sutton. 

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These included both Category 1 and Category 2 hazards under the Housing Health and Safety Rating System in relation to excess cold, falling on stairs, fire hazards and damp and mould.

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The notice required the landlord to carry out essential works to address these issues within a set time to ensure the property met the required standards.

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Shortly after the notice was served, the council was informed that the tenant had moved from the property. 

However, the landlord remained legally responsible for complying with the requirements of the Improvement Notice.

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Following the expiry of the notice, the council made several attempts to inspect the property and assess whether the required works had been completed. Notices of Intended Entry were served but access was repeatedly refused by the landlord.

The council went on to obtain a Warrant of Entry in court but upon gaining entry, officers found that none of the works required by the Improvement Notice had been completed.

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Magistrates imposed a fine of £1,760, a victim surcharge of £704, and prosecution costs of £3,944, bringing the total amount payable to £6,408.

A council spokesperson says: “Private tenants have the right to live in safe, warm and well-maintained homes. Landlords have clear legal responsibilities they must follow to ensure their properties meet the required standard to ensure tenants are safe.

“The council has followed the process of enforcement and were left with no other option but to prosecute in court. I hope this sends a clear message to landlords that they must comply when improvement notices are served and that we will not hesitate to take enforcement action where responsibilities are ignored.

“This case demonstrates our commitment to protecting residents and improving housing standards across South Holland.”

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