Aug

Landlord prosecuted for second time after failing to disclose maintenance costs

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A landlord has been prosecuted for a second time for failing to provide one of his leasehold tenants with the correct paperwork.

48-year-old Gunes Ata (inset, main picture) who operates several apartment blocks within Sheffield, was ordered by a court to pay £1,982 made up of £862 costs to the Council, a fine of £800 and a £320 court surcharge after failing to provide certified information to a tenant about service charges for a property within St Mary’s House, London Road in Sheffield.

In court his legal representative said this was due to a software error while the council said it expects landlords to act with professionalism and good management practice to comply with their obligations and Mr Ata’s management practice was deemed to have “fallen short of the standard required in law and those of a reasonable landlord”.

The Council’s prosecution told the court that the Council had written to Mr Ata three times, but he had failed to supply certified information.

Second prosecution

It is the second time Mr Ata has been prosecuted for failing to provide information to tenants in less than a year.

He was prosecuted in 2022 for failing to provide information about the insurance of the building he owns at Printworks, Hodgson Street, Sheffield.

The council says the number of people living within leasehold flats within the city has increased significantly in recent years, and that access to transparent information about service charges was essential for those seeking to challenge these costs when unreasonable.

It is a criminal offence for landlords not to provide information about service charges and insurance when it is properly requested, and the local authority has powers to prosecute these kinds of offences.

Councillor Douglas Johnson (pictured), Chair of Housing Policy Committee at Sheffield City Council, adds: “This is another example of the City Council using the law to bring about a successful court prosecution and, on this occasion, someone who has been prosecuted before. It is our duty to protect tenants from landlords who do not abide by the law.”

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