Landlord fined for failing to provide documents to council

The landlord of a suspected HMO has been fined for not producing tenancy agreements and bank statements relating to tenants.

Daria Smith, the co-owner of a property in Swindon, pleaded guilty to not complying with a Section 235 Notice, which is a breach of Section 236 (1) of the Housing Act 2004.

Smith was sent a notice demanding that she produce tenancy agreements and bank statements for any occupiers of her property.

The notice was sent after a prospective buyer of the home contacted Swindon council stating the property was occupied by six tenants as a licensable HMO, without such a licence being place.

An investigating officer from the council then visited unannounced and spoke with one of the tenants who said there were six people living there and he wasn’t related to any of them.

Witness statements were taken from two other occupiers. Both statements confirmed six people lived in the property and they were not related to one another. 

The property has six bedrooms with a shared kitchen and bathroom and is therefore it is believed mandatory HMO licensing applies.

The notices to provide tenancy agreements and bank statements were not complied with by the landlord and, shortly after the Section 235 notice was served, the tenants were evicted or left the property.

Smith stated the property had not been rented out as an HMO and had been rented to family and friends. 

After failing to attend two Police and Criminal Evidence Act interviews with the council, notices were served on both registered owners but the case was only pursued against her as the rent is shown as being transferred to her and witness statements refer to Daria Smith as the landlord.

After pleading guilty at Swindon Magistrates Court to failing to comply with the Section 235 Notice, she was £300 and ordered her to pay £4,022 in court costs.

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