In a case which makes the thousands of good landlords in the UK wince with embarrassment, a local authority, who have successfully prosecuted a private landlord who failed to provide a warm and habitable property, are using the case as a chance to remind tenants who rent privately about their rights.
Rossendale Council were recently successful in a case against a landlord of a properly in Haslingden who was given a fine of £3,627. It was the tenant who first contacted the Environmental Health department as they were unhappy about a blocked toilet and no heating or hot water. The council carried out an inspection and the landlord was asked to carry out work at the property, but he ignored the warnings and did not make the property habitable. The landlord was served with a notice under the Public Health Act 1961 and the Environmental Protection Act 1990.
The Environmental Health Officer who carried out the inspection, described the conditions as extremely poor and one of the worst he had seen in quite some time saying, “The toilet was blocked solid, and it was evident it had been in this condition for quite some time. There was a defect with the boiler that meant there was no heating or hot water to the property. I recall the property being exceptionally cold. There were also other disrepair issues.”
Despite the landlord being repeatedly contacted, he failed to act and Rossendale Council had to arrange for the work to be carried out. The council then set about reclaiming the cost from the landlord. When the landlord failed to comply with the statutory notices which had been served on him, the council issued a claim at the County Court to recover the debt he owed them. The fine he was given by the court included the debt itself, interest, court fees and witness expenses. Of course, a landlord can cover himself against big repair bills just by having landlord insurance.
As a general guideline a heating system should be capable of achieving a temperature of 19ºC in a habitable room and 18°C in a non-habitable room. Any tenants who are worried should contact their landlord and then the council if nothing is done.