A lead tenant who posed as a landlord has been ordered to pay £9,047.50 in fines and costs and handed a criminal record for breaching housing laws.
Brent Council in London originally issued Sonia Nascimento with a £5,000 Civil Penalty Notice but after she refused to pay it, leaving the council with little alternative but to take the matter to court.
Nascimento rented out a converted, four-bedroom flat from a landlord in Willesden back in 2017, and then went on to illegally sub-let the property to other tenants for a profit.
One of the tenants living at the flat in St Paul’s Avenue reported Nascimento to Brent’s private housing services in July last year, saying that eight people were sharing the property but that none of them had a tenancy agreement.
An inspection carried out by the council’s enforcement team in July last year discovered that the property was without a HMO licence, and that Nascimento, who did not live in the flat, was in breach of housing management regulations.
Willesden Magistrates Court heard how a lack of smoke alarms and a fire safety system put all tenants in danger at the flat, including the life of a four-month-old baby.
Nascimento was found guilty of failing to take measures to protect the occupiers of the HMO from injury. Because the property was unlicensed, the tenants did not have a tenancy agreement or a government-approved deposit scheme to secure their deposit money.
The owner, who paid occasional visits to the flat, was issued with a £2,500 Civil Penalty Notice (CPN) for failure to licence. But Nascimento failed to pay her £5,000 CPN, and so the case moved to court, where magistrates found her guilty of criminal offences and ordered her to pay £9,047.50 in fines, costs and victim surcharge on 4 March this year.
Cllr Eleanor Southwood, cabinet member for housing and Welfare Reform, said: “Most landlords recognise the important responsibilities that come with it. Landlords who fail to licence their properties or who are not following housing management regulations are breaking the law. Safety of tenants is our priority and we encourage anyone who suspect that their landlord may be acting outside the law to report their concerns to us.”
‘Rogue Tenant’ – I bet Shelter don’t run with that tag line
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‘ Rogue Tenant ‘ – no, surely ? !!!
Perhaps there’s a market for a Rogue Tenant Database, and how about 5 year Bans on renting.
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While agreeing with the desription “Rogue Tenant” I ind it strange that the landlord (the real one) didn’t notice anything amiss on hiss occasional visits.
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I wonder how many LL are aware that following some important court cases over the past 6 months they would be on the hook for RRO even in cases of R2R. I suggest they have a watch of the excellent informative webinar on Youtube from Landlord Law with Tessa Shepperson. This on HMO licensing issues Very frightening! Certainly enough to deter any LL from considering R2R and to regularly inspect any HMO they have.
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