Case against landlord takes 18 months to reach court...

The landlord of a property has been hit with over £23,000 in legal costs after being found guilty of operating an unlicensed and unsafe house in multiple occupation (HMO).

Ervis Xhaferi, landlord and owner of the HMO, pleaded guilty at Chelmsford Magistrates’ Court of operating an unlicensed HMO in the Harlow area.

The judge fined him £16,200, as well as ordering him to pay a victim surcharge of £2,000 and court costs of £5,500.

The case dates back to December 2022, when Harlow council received a complaint from a member of the public about the property being converted into an HMO.

Council officers attempted to engage with Xhaferi on several occasions on the matter, but he repeatedly denied that the property was an HMO.

There were further complaints from the public, which prompted the council to inspect the property. They found that the three bedroomed home had been converted into a four bed and housed six people.

An HMO will require a mandatory licence if it is rented to five people or more who form more than one household. In Harlow, all HMOs also require planning permission.

Investigations also found that the property was unsafe and fell well below the required fire safety standards. Officers discovered significant hazards, including a lack of any working fire alarms, no fire rated doors and a loft room occupied without building control approval.

Xhaferi pleaded guilt in court and a council spokesperson says: “This is a fantastic result and I want to thank all those members of the public who brought this matter to our attention, as well as the officers involved in bringing the case to court.

“As we work towards achieving our missions of protecting our communities and transforming Harlow’s housing, we will continue to robustly monitor HMOs in the town to ensure that they are fully licensed and meet all the required safety standards.

“I hope that this result sends a clear message that we take the safety of Harlow’s residents seriously and that we won’t hesitate to use our legal powers to protect our community.”

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Ellie Edwards
29 May 2024 07:44 AM

Absolutely true, and it is the same with additional licensing. Landlords previously would have let a two bedroom flat to a couple and a single person, and now will only let to two sharers in order to avoid coming under the licensing provisions. This has resulted in tenants having to pay more rent and to an increase in those without any home at all.