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.
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Fascinating
Seven years to serve summons and still receiving rent ten years after the original breach.
I think the courts and the councils need a degree of attention on them in this case.
The 'Landlords' deserved everything that has been thrown at them, lets see if they actually pay it..!
It is unbelievable (that may be the wrong word as we do all know) how long it takes some of these cases to be enforced and come to court.
Why do we need more legislation and regulation when the authorities are failing to effectively apply what is already there in a timely manner.
These rogues will continue to ignore it while it costs decent landlords a fortune, and drives many away from providing decent homes by selling to get away from the stress.
Two more rouges who think there above the law..I hope it ruins them both.
SBR and her ROUGE landlords! Get a refund on your English lessons, Sandra. The word you keep groping for and missing is ROGUE. Rouge is a colour and it is they're not there.
So Much Venom Sandy B..!
Do you need a rattling to sort out your pent up frustration???
I hope that the fines are actually paid BUT it's not good that it takes 14 years to get to court. During that time the Landlords continued to rent the property. Continued to treat the tenants with distain.
Original breach was in 2010 - Assume that they average over 14 years £1000 per month rent with no voids.
Over the ten year period - they have received income of £1.176M. The fine is actually £350k with costs at £250k. Financially, they are still better off then if they had complied.
These cases need to get to court quickly - no more than 24 months and the fines need to be higher than the rent that the Rogue Landlord has received whilst the property was in breach.
Landlords that respond to breaches and try to sort out issues should not be fined so heavily but those that continue to ignore should be hit hard.
There are a majority of Landlords in the industry are GOOD despite what you think Sandra Bowes-Rennox and we need to make sure that GOOD landlords are not hurt by the behaviour of the minority Rogue Landlords.
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