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Tribunal backs landlord’s huge fine after family left without heating

A landlord must pay £24,000 for failing to comply with an Improvement Notice issued to him. 

Landlord Lakhbir Singh Rakhra was reported to the council’s housing regulation team by his tenant in 2021. The single parent of four children had lived with no heating in the Rochford Gardens property since 2016 and had made numerous complaints to the landlord, however he had failed to address the hazards in her home.  

Following an inspection of the property, the council wrote to Rakhra asking him to complete repair works within the property, however he failed to undertake those works.

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He was then issued with an Improvement Notice in May 2022, which required him to complete repairs and install appropriate heating by July 2022, or face a fine. 

He failed to comply and was issued with a £25,000 fine by the council in February 2023, as the failure was an offence under the Housing Act 2004. The heating was only fixed in October 2022. 

The landlord appealed against the financial penalty to the First Tier Tribunal (Property Chamber), claiming the tenant had obstructed him from carrying out the works. 

However, following a hearing in March this year, where the tenant gave evidence in support of the council’s case, the Tribunal made the decision on 17 June that 

Rakhra had committed an offence and upheld the financial penalty, minus £1,000 to account for wear and tear.

The Tribunal stated: “It is a substantial penalty, but the offence was serious. In effect the Appellant was failing to comply with essential repairs which he ought to have carried out anyway before he was served with the notice. He then failed to comply with the notice itself. 

“If he was really being obstructed by his tenant, he could have sought injunctive relief in the County Court. He didn’t do this which supports the fact that there was not really a problem. He is clearly an experienced landlord who should know better.”

A spokesperson for the council says: “This case should never have come to tribunal. The landlord should have been fulfilling his duties, acting on the concerns of his tenant and putting right the issues identified. We hope this will serve as a warning to other landlords to take their responsibilities seriously and ensure their tenants have a safe and fully functioning home.” 

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    Good grief. What on earth was the tenant doing - she lived there for 5 years without heating before escalating it to the council? Really? Why didn't she just up-sticks and leave? Is our system really that broken .....

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    No other landlord would have her, would they?

     
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    Single mum with 4 kids would be a big NO for me

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    Questions to ask this tenant/landlord
    1. Was she is in arrears and how much ? Did she take any rent from council and NOT PAY
    2. She had no heating, why he did not supply heaters ? OR DID he supply heaters, if he supplied heaters, then she is a LYER
    Nothing about "Hot Water", tribunal does not mention "Hot Water". Did Landlord provide heaters , if he did then “She had hot water and hot heating”. Tenants get away with lies
    3. 2 bed Flats in Slough are currently renting £1500/1700 per month , what is her rent, people on social media are saying she paid £900/month. Is the flat in a run down area , like Slough outskirts
    If anything near town centre, she is getting bargain! When was the last rent rise ?
    4. Does her partner live with her ? if he/she is EU , most likely, so 6 people NOT 5 ( lyer tenant) . EU b/f bring relatives/brothers etc. She got 4 kids and she is a SINGLE parent ?
    5. People in social media are saying she got a job, if so why is she on Housing Benefit/ Universal Credit. Most likely she got more than one job ( cash in Hand too)
    6. Are the flats conversion/purpose built, if they are purpose built Landlord probably pays over 1000's in pounds and communal maintenance and service charges. Does Landlord pay Ground Rent
    7. Why did Landlord not defend himself, least he can do is appeal ASAP. Does any one know LL – wake up guy, defend yourself!
    8. When I shared a flat with my mates, my flat mates would intentionally create issues near the rent pay date or renew date to stop the rent appraisal.
    9. Tenant most likely scam to walk away with arrears. Does any one know about arrears if any ? OR has she played the victim.
    10. Would want to know about drug/smoke/drink ? is the Landlord on drugs , does he smoke! ? is tenant on drugs ?
    Did the Landlord’s legal rep ask for Drug/s Report on her ? Did legal rep get a medical report on her ?
    11. Tribunal says “Landlord’s access was hindred” How many times ? Looks like Landlord was made to fail ? Kinda council/tenant trap ?
    12. Did the council help to get repairs done ? Surely council could have got heating done and charged to Landlord ? Why did the council not fix the issue and charge to landlord
    Would cost far far less than the penalty ? Slough Council bankrupt approx. £750M, may be council mission to clear debt by targeting Landlords. Surely council/tenant partnership
    13. How many of issues were resultant from tenant’s behaviour
    Landlord prob too scared to defend him/herself
    14. When was the last time he raised the rent ? OR DID he ever ?
    Was in pub lastnight, none of my mates would let her in. The most with 1 child ! This guy took on 4 children, her, most likely b/f and mates. Did she have the 4 kids before moving in ? If so - why did he take her on . No landlord would have her , is he blind !
    Any other ideas, please add , our forum may wake up the landlord. , lets help him Def NOT the council

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    Very good questions would very much like to know the true answers. although I suspect the truth is too much to ask for

     
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    In these stories we only get the council's version. We do not get to be told of the defence arguments, if there were any.

     
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    It is difficult to believe that there was no appropriate heating, no mention of hot water. The tenant chose to live in no heating property. Did she not see the property. Maybe the landlord cannot speak English and do not understand what has happened.

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    Pattern forming

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