Landlord hit with £0.5m bill loses appeal against sentence

A landlord who was ordered to pay over half a million pounds for illegally renting out flats, has lost his appeal against the sentence.

Hassan Hussain, who lives in Canada, illegally rented out nine separate flats at 219 Church Road in Willesden, north London.

The property has planning permission for use as a single flat and some retail.

For five years, Hussain illegally rented out the flats, taking some £514,314 in rental payments in that time.

He ignored planning enforcement notices served on him by Brent Council to cease using the premises in this way.

Hussain was sentenced at Harrow Crown Court for this illegal activity on June 10, 2013.

He was fined £20,000, with 12 months’ imprisonment in default of payment, and ordered to pay £38,422 towards the costs of the prosecution. He was also made subject to an order under the Proceeds of Crime Act in the sum of £494,314, with three years’ imprisonment in default.

However, he lodged an appeal, stating that the sentence was excessive because the fine was the maximum that could have been imposed and made no allowances for any mitigation such as his previous good character and the fact that he provided decent accommodation for his tenants.

In his sentencing remarks, the trial judge found that the appellant had neglected his duties as a landlord by failing to comply with the enforcement notices which are to protect the rights and enjoyment of others living in that area.

Last week, Hussain’s appeal was dismissed.

Cllr McLennan, lead member for regeneration and housing, said: “Rogue landlords are absolutely not welcome in Brent.

“This landlord ignored planning rules designed to ensure that residents and neighbours are protected and I am pleased that the Court of Appeal has upheld the original judge’s decision that he should pay back all the rent received.

“It’s because of despicable cases like this that we have introduced new additional and selective landlord licensing schemes.

“From January 1, it will be a legal requirement for all privately rented properties in Brent occupied by three or more people and making up two or more households, to have a property licence.”

Separately, a landlord who let substandard flats has been hit with a £3,500 court bill.

Leeds Magistrates’Court heard that the city council served emergency prohibition orders on Kosvka Mijakovac’s three flats in December 2013.

The flats had no heating or hot water, toilets did not flush, there were missing handrails, no lighting in communal areas, while doors were defective and had locks missing, and there was a lack of suitable fire safety precautions.

Mijakovac failed to improve conditions and allowed three families with young children to move in the following month, January 2014, without any repairs being made. Tenants continued to live at the flats until June this year.

Mijakovac, of Ellers Road, Chapeltown, was prosecuted for three offences of allowing reoccupation of a property subject to an emergency prohibition order.

He was fined £750 and ordered to pay costs of £2,749 plus a £25 victim surcharge after admitting the offences.

Cllr Peter Gruen, Leeds City Council’s executive member for neighbourhoods, planning and personnel, said: “This is probably one of the worst cases of deliberate neglect that I have seen.”

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One Comment

  1. Woodentop

    “It’s because of despicable cases like this that we have introduced new additional and selective landlord licensing schemes.

    “From January 1, it will be a legal requirement for all privately rented properties in Brent occupied by three or more people and making up two or more households, to have a property licence.”

    Not very selective, to make all private rented. Interestingly I understand that Housing Associations are to be excluded and we all know who they work for. A case of do as I say, not as we do?

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