HMO prosecution

An Ammanford landlord has been fined £2,000 for failing to carry out an improvement notice served on a house of multiple occupation (HMO).

Carmarthenshire County Council brought a prosecution against Balasubramanian Pulendrathasan and he was convicted at Llanelli Magistrates Court in his absence of an offence contrary to Section 30 of the Housing Act 2004.

The court was told that in March 2009 following complaints from the tenants, a council environmental health practitioner visited the house in Dyffryn Road, Ammanford, owned and managed by Pulendrathasan to carry out a full inspection. He was asked to attend but did not.

A full assessment was undertaken under the Housing Health and Safety Rating System (HHSRS) and several defects and hazards were identified that would pose a significant risk to the health, safety or well being of the tenants. The main risks to the tenants included defects associated with fire safety, food safety, personal hygiene and damp and mould growth problems, problems with heating or heat loss and various other defects attributed to slips, trips and falls at the property.

Pulendrathasan was served with an improvement notice under Section 11 of The Housing Act and was given specific time scales to comply with works outlined on the schedule to reduce the risks to acceptable levels and bring the property up to a relatively decent condition.

Further inspections showed that works had not been undertaken. He was offered assistance and advised on several occasions that if he could not manage the property it should be taken over by a relative or an agent.

He was advised a final time of the consequences and the fact that if he was prosecuted then he would not be a fit and proper person to manage this property or any other HMO. There was no response and it was decided to prosecute.

Pulendrathasan was fined £2,000 and order to pay costs of £1,160.59.

Council executive board member for housing and public protection Cllr Hugh Evans said: “Mr Pulendrathasan failed to comply with a statutory notice to carry out improvements at the property and showed a total disregard for the local authority and for the health safety and wellbeing of his tenants.

“Landlords who act in this way will be prosecuted by the council. Both landlords and their agents have a responsibility to provide healthy, safe and decent housing.”

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