A prosecution by Derby City Council’s Housing Standards Team has highlighted the importance of complying with legislation as a private landlord.

The Housing Standards Team prosecuted Derby landlord Anthony Davis this month for offences concerning a rented flat situated in Brindley Court Wilkins Drive Allenton Derby.

On Thursday 27th July, Mr Davis pleaded guilty at Derby Magistrates Court to the charge of breaching a Prohibition Order served under the Housing Act 2004.

The Housing Standards Team issued the Order following a property inspection in which they discovered a serious defect of Damp and Mould to all areas of the flat.

Mr Davis was initially served with an Improvement Notice requiring him to carry out essential repairs and maintenance work to the property to ensure that it was of an acceptable standard for living and posed no health and safety risks to the occupiers. However, he failed to make the improvements required to remove or reduce the hazards in the Improvement Notice.

As a result of the serious nature of the level of Damp and Mould in the property, and Mr Davis’s refusal to carry out the work required, the Improvement Notice was revoked and the Prohibition Order was then made. This removed the tenant from the risk of harm to his Health and Safety, and meant that the property was then vacant for Mr Davis to carry out the required repairs.

Early in January 2017 the Housing Standards Team received another complaint about the same property from new tenants that had been allowed to rent the flat by Mr Davis. This highlighted to the Housing Standards Team that the Prohibition order that was still in force on the property had been breached, and that Mr Davis had not completed the work that had been required to remove the defects to the flat.

Mr Davis was fined £1345 and ordered to make a contribution of £1822.50 towards the Council’s prosecution costs. He was also ordered to a pay a victim surcharge of £134.

Councillor Fareed Hussain, Cabinet Member for Urban Renewal said:

“The Council’s Housing Standard Team is dedicated to improving living standards for private tenants in Derby and ensuring their safety and well-being is a top priority. Many people across the city live in rented properties that are privately owned and there are legal requirements that all landlords must follow to ensure properties are fit for purpose. This prosecution is another step towards achieving our pledge to improve housing standards in Derby.”

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