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Tiptree landlord ordered to pay £10,322 for allowing a flat to be occupied with serious hazards

Date issued: 19 January 2018

A landlord found guilty of two offences in relation to a flat in Bryanita Court, Tiptree, was ordered to pay more than £10,300 by Colchester Magistrates, on Thursday 18 January.

Mr Mohibur Rahman, of Corporation Road, Chelmsford, who did not attend the hearing, was ordered to pay a £5000 fine, £5152.92 costs and £170 victim surcharge, following a successful prosecution by Colchester Borough Council.

Colchester Council's Private Sector Housing Team first became aware of problems when the owners of a business on the floor below complained of water leaking through the ceiling of their premises. An Abatement Notice was served upon Mr Rahman in respect of the leak, considered to be a statutory nuisance under the Environmental Protection Act 1990 (Part III).

Mr Rahman failed to comply with the Abatement Notice. After the leak continued, officers inspected the property on 14 June 2017, together with plumbers employed by the Council who stopped the worst of the leaks to resolve the statutory nuisance.

During this inspection, six serious housing hazards were found. These were assessed to be 'Category One' hazards using the Housing Health and Safety Rating System, under the Housing Act 2004. These included overcrowded conditions, bad sanitation caused by poor plumbing and hygiene in the kitchen and bathrooms, a lack of fire precautions, damp and mould and a risk of burns from scalding water.

The property had such serious and numerous housing hazards, that the Council served a Prohibition Order on Mr Rahman, instructing him to stop using the premises as residential accommodation within 28 days.

At a further inspection on 20 July, the property was found to continue to be occupied, a breach of the requirements of the Prohibition Order. The Council began legal proceedings resulting in the prosecution.

Magistrates heard the flat was occupied by several people from different households, whose health and safety was at risk from their living conditions.

Cllr Tina Bourne, Portfolio Holder for Housing and Communities, said: "Poor living conditions can cause immense unhappiness and put lives at risk.

"Despite repeated attempts to engage with the owners of this property, the Statutory Notice was not complied with and the Prohibition Order intended to protect residents was ignored.

"Colchester Borough Council takes its duty to enforce housing standards very seriously and we always take action where we find that accommodation is not being responsibly managed, so I am pleased with the result of this prosecution."

For more information about Colchester Borough Council's services for residents in private sector housing, please visit