Jul

Tribunal makes blatant ‘one set of rules for tenants, another for landlords’ judgement

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A First Tier Property Tribunal has admonished a council for coming down too hard on a sub-letting and benefit-claiming tenant who flouted housing rules.

Fenland District Council had fined Vasil Iliev £35,000 for non-compliance of HMO regulations and renting an unlicensed HMO, but the tribunal reduced this to just £3,500 after it ruled there was no evidence he had exploited the occupants.

Housing officers discovered eight Bulgarian men living in four bedrooms at the flat above a takeaway in Norfolk Street (pictured), Wisbech, which was in a poor state of repair with four category one hazards (excess cold, fire, food safety and domestic hygiene, pest and refuse) and one category two hazard (electrical deficiencies).

Worst ever

One officer said the property was ‘the worst condition’ he’d ever seen and was unsuitable for housing. An Emergency Prohibition Notice was issued and the tenants moved to temporary accommodation.

Iliev claimed he was only a tenant and that the occupants were not paying rent but merely contributing £60 per week towards the bills and that he was helping them out.

Although the tribunal agreed the property was an HMO, it ruled that the council had only assumed Iliev was the landlord and didn’t try to establish the extent of his interest in the property.

Read more: the difference between an HMO and a bedsit.

It added that he had tried and failed to run the takeaway downstairs and then allowed members of the community to occupy the flat for a short period – well below the market rate of at least £100 per room or £400 a week.

Professional landlord

It said: “He is clearly not a professional landlord and the arrangement was not at a commercial rent.

“There was also no evidence that he had any knowledge of the requirements for private sector lettings or licensing. Since the applicant is in receipt of benefits it is likely to take a very long time for him to pay this amount and it is clearly sufficient to deter him from reoffending.”

Read the judgement in full.

View Full Article: Tribunal makes blatant ‘one set of rules for tenants, another for landlords’ judgement