Landlord law can be an astonishingly grey area from what I’ve noticed over the years. As in, penalties always seem to vary, even if the crimes being committed seem similar to one another. However, because in almost every legal battle, the circumstances, particularly the nuances, are usually always unique.
I’ve been digging through the archives and I found a list of common offenses committed by landlords and the consequential penalties they faced. The list is a friendly reminder of why it’s important why every landlord should comply with their legal obligations.
In a lot of cases, laws are broken due to ignorance, where landlords aren’t even familiar with the law. Unfortunately, as every legal boff will preach, “ignorance of the law is not a defence”
The landlord that broke four separate gas safety laws
This particular showcase dives into a situation where a landlord broke four separate gas safety laws. The landlord not only had ten defects with gas appliances, but three of those defects were classified as “immediately dangerous” and three were classified as “at risk”. The defects included two gas leaks and a very poorly maintained open-flued gas fire in a room where a young couple and a baby slept. In an attempt to save his bacon, the idiot obtained a bogus, back-dated certificate from a local gas engineer. But as most blubbering idiots do, he got caught.
Charges: the landlord was charged under Section 33(1)(g) for failing to comply with an Improvement Notice the HSE had earlier served on the landlord, requiring gas safety checks to be carried out. He was also charged with three breaches of Section 33(1)(c), regarding failing to maintain gas appliances, failing to carry out annual safety checks and failing to remove gas appliances from a room used for sleeping.
Penalty: 16 months prison sentence.
Source: Landlord Zone (update: since publishing this blog post, the article has been removed from Landlord Zone’s website)
The landlord that didn’t get gas appliances checked
A Preston Landlord has been given a suspended prison sentence after failing to ensure gas appliances in one of her properties were checked for safety. School girl error.
Charges: the landlord pleaded guilty to breaching section 33(1)(g) of the Health and Safety at Work etc Act, 1974 and to one breach of the Gas Safety (Installation and Use) Regulations 1998 (36 (3)).
Penalty: She was sentenced to a 26 week prison sentence, suspended for 12 months and was ordered to pay £1,000.00 costs. And to think, it costs approx £60 per year to get a proper gas safety check. Fool.
Source: HSE
The landlord that failed to maintain his property
This tight-fisted landlord couldn’t be bothered to provide a proper service, so he deemed it appropriate to provide his tenants with damp rooms, damaged fire doors, maggot infested ceilings, and a lack of central heating and hot water.
Charges: the landlord was found guilty of failing to comply with licence conditions, failing to comply with management regulations and failing to comply with an improvement notice at a previous court hearing.
Penalty: the maggot was fined £4,850 and ordered to pay costs of £8,477. Ouch.
Source: Simple Landlords Insurance (update: since publishing this blog post, the article has been removed from their website)
The landlord that evicted his tenant illegally
This cowboy landlord was ordered not to evict his tenants by the Council. However, believing he was above the law he ‘forcibly removed’ his tenants from the property.
Penalty: this self-proclaimed sheriff was fined £10,000 for illegal eviction
Source: Ludlow Thompson
The landlord that failed to act on 12 improvement notices
This landlord had previously been prosecuted by the Council for failing to comply with 12 improvement notices, which cost him £2,500 plus costs. Unfortunately 2 years wasn’t long enough for this landlord to make the required amendments to the property, consequently he was prosecuted again for the exact same reasons.
The Improvement Notices were served on the landlord following an inspection of the property. Council officers identified a number of repairs which were required to bring the property up to a safe standard
Penalty: this goldfish fined £3,600 and ordered to pay £551 costs.
Source: Rugby Gov
The landlord that didn’t bother licensing a House of Multiple Occupancy
This landlord filled up his property like Noah’s arch. He had nine tenants who shared the same kitchen and bathroom facilities, but zero license.
The Improvement Notices were served on the landlord following an inspection of the property. Council officers identified a number of repairs which were required to bring the property up to a safe standard
Charges: It is a requirement of the Housing Act 2004 for landlords to license properties that have three or more storeys, and have five or more tenants who form more than one household, and share amenities such as bathrooms, toilets or kitchens.
Penalty: Noah was fined £1,760 plus costs of £1,700
Source: Derby Gov (page has been removed from website)
The landlord that just didn’t bother responding to the law
Housing officers from the council were investigating a property following a complaint of damp, mould, rats and rubbish. To get the case rolling, all the judge requested was for the landlord to prove his responsibility for the property, but several requests and legal notices demanding information went unanswered.
Penalty: the lazy git was fined £500 and victim surcharge of £15 and ordered to pay prosecution costs of £480.
Source: Hounslow Gov
The landlord that didn’t bother declaring his rental income
This jammy tax dodger failed to disclose rental income which led to him evading £42,000 of tax.
Penalty: jailed for 12 months. Yikes!
Source: Cloud Works (update: since publishing this blog post, the article has been removed from their website)
The landlord that didn’t use a Tenancy Deposit Scheme
This landlord was too stupid/lazy to secure his tenant’s deposit into a tenancy deposit scheme. I say “stupid” because there is a scheme available to use which is free to use. So what’s the problemo?
Penalty: fined three times the deposit.
Source: Thomas Guise
Disclaimer: I'm just a landlord blogger; I'm 100% not qualified to give legal or financial advice. I'm a doofus. Any information I share is my unqualified opinion, and should never be construed as professional legal or financial advice. You should definitely get advice from a qualified professional for any legal or financial matters. For more information, please read my full disclaimer.
I note from your examples so many of these could have been avoided, but they failed to comply with improvement notices. I also note that when the tax man is involved there's a hefty jail sentence!