Chris Machin successfully represents Council on licencing case against unscrupulous Landlord
Park Square BarristersRedcar & Cleveland Borough Council v Mark Neary
On 28 November 2023, Christopher Machin represented Redcar & Cleveland Borough Council at a sentence hearing at Teesside Magistrates Court. The Defendant fell to be sentenced for six offences under section 234 of the Housing Act 2004, for breaches of the Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007.
The Defendant is the owner of three properties in Eston, which contained commercial premises on the ground floor and self-contained flats above. The local authority had identified a number of issues with the properties and had tried to engage with the Defendant to remedy these. These efforts were unsuccessful and charges were brought.
Pursuant to s.234(5) of the Housing Act 2004, each offence carried an unlimited fine. When sentencing, the Court considered the sentencing guidelines relating to health and safety offences and the case of Welwyn Hatfield v Neil Carroll .
The Court reduced the fines by one third to take into account the Defendant’s guilty pleas and imposed the following fines:
- For the failure to ensure that his name, address and telephone contact number were clearly displayed in a prominent position in the common parts of the HMO: £500
- For numerous issues relating to fire safety, including the lack of a fire detection system between the commercial and residential premises, and defects in the fire doors: £5,000
- For the presence of food waste, drug paraphernalia, a patch of desiccated vomit, bird excrement and mould in the communal areas: £1,000
- For various defects including the lack of a handrail on the stairs, the lack of fire doors, exposed live electrical wiring and the lack of heating in one flat: £4,000
- For unreasonably causing the electricity supply to one flat to be interrupted: £1,000
- For the lack of hot water and proper heating in one flat, and an issue with the kitchen sink waste pipe: £4,000
In total, the Defendant was ordered to pay £15,500 in fines. The Court also imposed the surcharge of £6,200 and awarded the local authority’s costs in full of £4,467.20, culminating in a grand total of £26,347.20.
The case has been covered in the media:
Christopher is available to advise and represent local authorities and defendants in these types of cases, and in respect of financial penalties imposed under section 249A of the Housing Act 2004 in the alternative.
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