£42,500 landlord fine: when tenants create squalor, who is really responsible?

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£42,500 landlord fine: when tenants create squalor, who is really responsible?

A press release landed in my inbox suggesting that a £42,500 prosecution in County Durham demonstrated why landlords should check their properties regularly for signs of pests. That may be one lesson from the case, but it overlooks a much more uncomfortable question for landlords and letting agents. When adult tenants create or choose to tolerate appalling living conditions inside their home, at what point does their behaviour become the landlord’s responsibility?

Carter Property Services, a County Durham company reported to be responsible for around 300 rental properties, was prosecuted after Durham County Council identified 13 breaches of selective licence conditions across eight homes. The company was fined £40,000, ordered to pay £500 in costs and charged a £2,000 victim surcharge, bringing the total to £42,500.

The most shocking evidence concerned a property in Peterlee, where paramedics reportedly found three adults sleeping on the floor among accumulated waste, dead rats and mice. The house was said to be caked in faeces and urine and to have a strong smell of ammonia. According to the council’s account, the property had not been inspected for two years and its gas safety certificate was almost four years overdue. At another property, a tenant said no inspection had taken place during the four years they had lived there, while the company was also said to have failed to provide valid gas safety certificates for four of the eight homes.

Those reported failures are serious. An annual gas safety check is a fundamental legal obligation, not an optional administrative exercise, and a landlord accepting a selective licence must comply with the conditions attached to it. If Durham’s evidence gives the full picture, no responsible landlord or agent should seek to defend gas safety records being allowed to fall years out of date or required inspections simply not taking place.

The fine was not, though, imposed because the landlord put rubbish into the property, deposited human waste on the floor or caused three adults to sleep among dead rodents. The prosecution concerned failures to comply with licensing conditions. That distinction matters because the language used by the council risks leaving the public with a very different impression.

Did the landlord really “allow” this to happen?

Tony Hanson, Durham County Council’s corporate director for regeneration, economy and growth, described the case as one in which the landlord had failed in its duty by “allowing” tenants to live in poor and unsafe conditions.

The word “allowing” carries a great deal of weight. It suggests knowledge, consent and control. It gives the impression that the landlord was aware of the conditions and made a conscious decision to leave the occupants living among rubbish, faeces and dead rodents.

The publicly available account does not appear to establish that.

We are told that three adults were living at the Peterlee property. We are not told who accumulated the waste, how quickly the conditions developed, whether the occupants reported the problem, whether they prevented anyone from entering or whether they had vulnerabilities that affected their ability to look after themselves and the property. Those facts could alter any fair assessment of responsibility, but they are missing from the council’s version of events.

Tenants do not lose all personal responsibility when they rent a home. Government guidance says tenants should give landlords reasonable access for inspections and repairs, take good care of the property and repair or pay for damage caused by themselves, their family or their visitors.

A landlord is responsible for the structure, installations, statutory safety checks and necessary repairs. A landlord can also be expected to inspect at reasonable intervals, respond to warning signs and take appropriate action when a tenant is damaging a property or living in conditions that create a danger.

That does not mean a landlord can control every decision made by adults behind their own front door. The landlord does not decide what the occupants bring into the property, how often they clean it, whether they dispose of their rubbish or whether they report a developing problem.

Landlords cannot simply force their way inside

The practical difficulty is that a landlord’s responsibility to inspect does not give them an unrestricted right to enter an occupied home whenever they choose. Tenants are entitled to live in the property undisturbed, and landlords are normally expected to give at least 24 hours’ notice and visit at a reasonable time.

Even where a statutory gas safety check is overdue, the Health and Safety Executive says landlords must not use force to enter. Where a tenant prevents access, landlords are expected to make repeated attempts, leave notices, write to the tenant and retain evidence of their efforts. The HSE says inspectors will generally look for at least three attempts, although whether the steps taken were reasonable will depend on the circumstances and may ultimately be decided by a court.

We do not presently know whether access was refused in this case. The fact that inspection and gas safety failures were identified across eight properties may indicate a broader management failure rather than one particularly difficult tenancy. If the company simply failed to arrange the inspections, the responsibility for that failure sits squarely with the company.

The position would be very different if appointments had repeatedly been offered and refused, letters had gone unanswered and the occupants had deliberately concealed the condition of the property. A landlord facing that situation would still need to escalate matters, potentially through legal proceedings, but it would be grossly unfair to describe them as having voluntarily “allowed” the conditions to develop.

The council’s public statement does not tell us whether Carter Property Services offered any explanation, whether evidence of attempted access was produced or what the company said in its defence. The court may have heard evidence that entirely justified the conclusions reached, but that evidence has not been included in the council’s publicity.

Responsibility should follow conduct

There appears to be a growing assumption that almost anything found inside a rented home must be the landlord’s fault. Damp is blamed on the landlord without considering heating and ventilation. Damage is presented as disrepair without asking who caused it. Waste and pest infestations are treated as property-management failures without examining how the waste accumulated or whether the problem was reported.

Landlords should not use tenant behaviour as a convenient excuse for neglecting their own duties. Equally, councils should not erase tenant responsibility because blaming the property owner produces an easier headline.

A fair assessment should separate the issues.

The landlord or agent should be accountable for carrying out required inspections, keeping gas and electrical safety records up to date, maintaining the parts of the property for which they are legally responsible and acting promptly when a problem becomes known.

Tenants should be accountable for taking reasonable care of their home, disposing of household waste, reporting hazards, avoiding damage and permitting reasonable access for inspections and safety work.

Where occupants are vulnerable and unable to care for themselves, the situation may also require support from social services, health professionals or other agencies. It should not automatically become a criminal or moral failing by the landlord simply because the people concerned happen to live in rented accommodation.

The practical warning for landlords and agents

Whatever the unanswered questions surrounding this prosecution, the practical warning is clear. An inspection that was arranged but refused is very different from an inspection that was forgotten. The difference will often be determined by the landlord’s records.

Every inspection appointment, access request, unanswered email, text message, letter and attempted visit should be recorded. When access is refused repeatedly, the matter should not be allowed to drift for years. The tenant should be warned formally, the reasons for the inspection should be explained and legal advice should be obtained where necessary.

Gas safety checks require particular attention. Systems should flag renewal dates well in advance, giving the landlord or agent enough time to deal with missed appointments or access difficulties before the certificate expires.

None of this answers the wider question raised by the way Durham County Council has presented the case. The reported inspection and gas safety failures appear substantial, but it does not follow that the landlord created or knowingly approved the squalor found inside the Peterlee property.

Responsibility should follow what each party did, what each party knew and what each party could reasonably control. On the information published so far, there appears to have been more than one responsible party in that house, even though only the landlord has been publicly named, prosecuted and blamed.

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Government defends Breathing Space scheme amid landlord concerns

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Government defends Breathing Space scheme amid landlord concerns

The government claims the Breathing Space Scheme offers several safeguards to help landlords.

Introduced during the COVID pandemic, the standard scheme offers tenants protection from enforcement action, including eviction, for up to 60 days.

The Mental Health Breathing Space Scheme extends protection for tenants receiving mental health crisis treatment, plus an additional 30 days after treatment ends.

Impact on landlords

In a written parliamentary question, Liberal Democrat MP Joshua Reynolds asked the government about the impact of the “safeguards within the Debt Respite Scheme (Breathing Space) available to creditors, including private landlords, whose debts are subject to a moratorium”.

In response, economic secretary to the Treasury, Rachel Blake, said: “The Breathing Space Scheme was established to support those in problem debt engage with professional debt advice, or to receive crisis treatment for a mental health condition, by providing temporary protections from creditor enforcement action.

“The government recognises that these protections have an impact on creditors, including private landlords, and the scheme therefore includes a number of safeguards to protect creditor rights.

“Creditors may request that a debt adviser reviews a breathing space if they consider that an individual debtor or specific debt does not qualify for the scheme. Creditors also have the right to apply to a court at any time for permission to take enforcement action in relation to a debt included in a breathing space.

“The government keeps the operation of the scheme under review to ensure it is operating effectively.”

Not a payment holiday

On its website, Shelter says the scheme is not the same as a payment holiday and people should continue to pay as much rent as they can.

The government says debtors can only access a breathing space by seeking debt advice from a debt adviser. Anyone who cannot, or is unlikely to be able to, repay their debts can apply to a debt adviser for a standard breathing space.

A breathing space begins the day after the debtor’s details are added to the breathing space register. During this period, the person must work with the debt adviser to find a long-term debt solution and report any changes in their circumstances. The adviser will review the situation after 30 days.

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Rent controls and tougher landlord rules among Labour candidate’s pledges

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Rent controls and tougher landlord rules among Labour candidate’s pledges

Labour’s mayoral candidate for Greater Manchester has pledged to introduce rent controls and strengthen the city’s Good Landlord Charter.

Under Labour’s manifesto, the party has also promised to limit the number of HMOs and build 50,000 affordable homes by 2039.

Manchester’s mayoral election will take place on 30 July, with Bev Craig, the current leader of Manchester City Council, standing as the Labour candidate.

A good home is the foundation of a good life

Ms Craig says in the manifesto: “A good home is the foundation of a good life. Greater Manchester needs homes for the people who live and work here, not just flats for investors or developments local families are priced out of.

“I know first-hand the security a council house brings and my mission will be to deliver more council, social and affordable homes than we have done in over a generation, homes people here can genuinely afford to rent or to buy.

“We will make housing more affordable, protect and grow the green spaces our children and future generations deserve, and use every power we have to tackle homelessness, because no one should be without a safe place to sleep.”

Introduce rent controls

Under the plans, Labour would limit HMOs in areas where there are already high concentrations, aiming to reduce overcrowding and anti-social behaviour by expanding Article 4 directions for smaller HMOs.

Ms Craig has also pledged to strengthen Andy Burnham’s Good Landlord Charter by requiring any landlord seeking local funding, such as retrofit schemes, to sign up to the initiative.

Launched in April last year, the Charter aims to ensure every resident has access to a safe, secure, affordable and healthy home by 2038.

The Charter, the first of its kind in the UK, has attracted more than 100 landlords from both the social and private sectors, who have committed to raising standards beyond existing legal requirements.

Ms Craig has also said she would call for national powers to introduce rent controls in Greater Manchester. In the meantime, she plans to establish a Commission on Rents to examine how rent limits, caps or controls could work across the region.

Other pledges include creating a Greater Manchester-wide Renters’ Rights Unit to support renters, enforce the Renters’ Rights Act and take action against bad landlords, as well as an empty homes plan aimed at tackling empty properties in Manchester through the use of Empty Dwelling Management Orders and compulsory purchase powers.

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