Council wins victory over student landlord
Birmingham City Council has successfully prosecuted a landlord who failed to obtain House in Multiple Occupation (HMO) Licences from the Council.
Mr David Delaney Hall, of 10 Woodbourne Road, Edgbaston, was found guilty in Birmingham Magistrates Court on 29 July 2010 for failing to apply for HMO Licences for 6 of his rented properties, which were let to students. He was fined £3,000 per property, plus prosecution costs of £2,072, taking the total cost to £20,072.
Mr Delaney Hall's properties are 29 and 31 Coronation Road, 169 and 171 Heeley Rd, and 9 and 25 Rookery Road, in Selly Oak.
Mr Delaney Hall owns a total of 21 student properties in the Selly Oak area, some of which he owns outright and the others are owned by Abrex Ltd and SJA Properties Ltd, companies on which he serves as a director alongside his wife.
Since April 2006, there has been a requirement to licence houses of three storeys or more, occupied by 5 or more tenants, who have no family connection and share amenities such as a bathroom or kitchen.
The licence ensures that management standards and housing conditions in the private rented sector are maintained and includes requirements for basic safety including Gas, Electrical and Means of Escape from fire.
The Council had written to Mr Delaney Hall and made visits to his property on a number of occasions, advising him to licence his properties prior to starting legal proceedings. Despite considerable effort by the Licensing team he ignored advice to apply for the licences.
Cabinet Member for Housing, Councillor John Lines said: “I am determined to ensure all Birmingham tenants, including students who often have to share accommodation with a number of other individuals, live in safe housing and my officers gave the landlord every opportunity to apply for a licence.
“The council has now licensed over 1400 properties and I recognise there are many good landlords in Birmingham but there is no room for landlords who fail to comply with the law and put their tenants' lives at risk.”
Following the instigation of the legal proceedings, Mr Hall submitted applications for HMO Licences to the council.
Landlords who think their houses meet the criteria are being encouraged to call the HMO Licensing Helpline on 0121 303 4953 or 0121 675 2629 as soon as possible or visit the Council's website for advice and guidance about licensing requirements.
Ends
Notes to editors
1. The Housing Act 2004 places a duty on local authorities to implement a mandatory licensing system for Houses in Multiple Occupation (HMOs), which pose the greatest health and safety risks to tenants. Under the Act, there will be three types of licensing of HMOs for properties that are covered: Compulsory - 3 or more storeys high, have five or more people in more than one household and share amenities such as bathrooms, toilets and cooking facilities. Additional - A discretionary power that council may decide to apply to a particular type of HMO, or example, two story properties occupied by three or more students or asylum seekers. Selective - licensing of other residential accommodation. Example where there is low demand for housing and/or antisocial behaviour.
2. Local Authorities also have the provision to extend licensing control to cover lower risk HMOs or selective licensing of private rented dwelling where the council considers it will benefit tenants and communities, in areas of low demand and/or areas with problems of anti-social behaviour.
Further information from Belinder Kaur Lidher on 0121 303 6969
