The landlord of a suspected HMO in Swindon has been fined following an investigation.
Daria Smith, who at the time was the co-owner of 44 Northbourne Road, pleaded guilty to not complying with a Section 235 Notice, which is a breach of Section 236 (1) of the Housing Act 2004.
Following this guilty plea at Swindon Magistrates' Court, she was fined £300 and ordered to pay £4,022 in court costs.
Smith had been sent a notice demanding she produce tenancy agreements and bank statements for anybody living in the property.
This came after an investigation in which an officer visited the home and spoke to a tenant, who claimed there were six occupants, and he wasn’t related to any of them.
Witness statements taken from two other occupiers supported these claims.
A prospective buyer had previously raised concerns the property was in use as a six-bed licensable House in Multiple Occupancy, without a licence.
The property has six bedrooms with a shared kitchen and bathroom and therefore it is believed mandatory HMO licensing applies.
Smith failed to comply with the notice ordering her to provide the council with documents, and shortly after it was served the tenants were evicted or left the property.
She stated that the property had not been rented out as an HMO and had instead been rented to family and friends.
Smith subsequently failed to attend two Police and Criminal Evidence Act interviews with the council.
Following this, notices were served on both registered owners, but the case was only pursued against Smith because the rent was shown as being transferred to her.
Witness statements also referred to her as being the landlord.
Councillor Jim Grant, Swindon Borough Council’s cabinet member for communities and partnerships, believes the investigation and prosecution will warn landlords against ignoring their legal responsibilities.
He said: “As a council we have an important role in ensuring that private sector housing accommodation in Swindon is being managed responsibly and appropriately.
“I hope this prosecution sends a clear message to landlords that they must comply with notices issued by the council and that we will take action if they choose to ignore their legal responsibilities.”
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