Housing Solicitors

St Helens Council in Lancashire has prosecuted a landlord who exposed tenants to “miserable” living conditions because of significant fire safety hazards.

The unnamed landlord pleaded guilty by post at Liverpool, Knowsley and St Helens Magistrates’ Court for failing to comply with Houses in Multiple Occupation (HMO) regulations.

Fire escapes at his property were found to be obstructed and not of a well maintained standard between November 2014 and 2016 – contrary to Regulation 4 (1) of the Management of Houses in Multiple Occupation (England) Regulations 2006 and Section 234(3) of the Housing Act 2004.

Under the Housing Act 2004, landlords currently require a mandatory HMO licence if their properties have three or more storeys, or if five or more tenants living at a property form more than one household and share kitchen and bathroom facilities.

However, the government has recently announced plans to extend mandatory licensing to HMOs of less than three storeys.

On sentencing, the District Judge told the court that the local authority “could not have been any clearer” in advising the landlord of the work required by him in the HMO, which he described as “miserable living conditions”.

The District Judge also stated that this was a commercial enterprise and that the landlord would have made a considerable profit on the HMO.

The offence was categorised as one of high culpability, given the commercial profit gained – and one of high risk, given the difficulties the tenants would have had in escaping from the property in the event of fire.

The landlord was ordered to pay a total of £5,032, which included a fine, costs and victim surcharge.

St Helens Council’s Strategic Director of People Services, Mike Wyatt, said:

“The majority of St Helens landlords are responsible and provide good quality and safe accommodation.

“Unfortunately, as in this case, not all landlords follow their example – and the accommodation they provide is extremely poor and hazardous to the health and wellbeing of tenants.

“The council enforces the law to make sure tenants’ health and safety welfare is protected – and will take formal action against landlords who don't comply.

“Our officers work closely with Merseyside Fire & Rescue Service, landlords and property managers, to continually improve standards and explain the risks of renting properties which are below standard.

“I would encourage landlords to contact the council to seek any advice and ensure compliance with legal requirements.”

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