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COTSWOLD IN LANDMARK CASE AGAINST PROPERTY LANDLORD

A Cotswold private landlord has been convicted of letting accommodation illegally without the required licence in a landmark case that will have a nationwide impact. 

Roderick Williams of 20, Melmore Gardens, Cirencester, was found guilty of an offence under section 72(1) of the Housing Act 2004 on January 4^th at Gloucester Magistrates Court. 

Mr Williams was fined £1,500 and ordered to pay Cotswold District Council’s prosecution costs. 

The Council’s Environmental Health Officers visited the rented accommodation at 24, Melmore Gardens, following complaints in February 2007 and found that the property required a licence due to the number of people living at the address.

Specialist  Environmental Health Officer Rachael Kayani said after the hearing: “This case brought by Cotswold District Council is of particular importance because it clarifies the ambiguous legislation that defines which storeys within a building should be counted when determining if a house in multiple occupation, or part of it, comprises three storeys or more.” 

A legal judgment on the case given on December 21^st 2007 at Gloucester confirmed that a self-contained ground-floor flat at a property does in fact count towards the total number of storeys.  This clarified a grey area within the legislation and enabled the case to proceed.

Rachael added: “This is of national significance and the Council will be informing the Local Authority Co-ordinators of Regulatory Services (LACORS) so that this guidance can be passed on to other Councils.  In some areas, this may mean a significant increase in the number of flats in multiple occupation requiring a licence.” 

The Council’s Portfolio holder for Community Services Cllr Sir Edward Horsfall said: “The case will serve as a strong warning to other landlords that may be renting out property without a licence.  

“The licensing system is there to protect tenants’ health and safety and ensure property is well managed and safe to live in.  The licence conditions also guard against overcrowding and anti-social behaviour which can sometimes be a problem to neighbours, where accommodation is rented to a number of people sharing.” 

Cotswold District Council is seeking out property that requires a licence and has a programme of inspections to ensure that all standards are met.  Any landlord who is letting accommodation in a three-storey building to five or more tenants, without a licence, is advised to contact the Council immediately. 

The Council will help landlords with their application and provide advice on the licensing conditions.  In some cases, it may be possible to grant a short-term exemption subject to the Council’s discretion. 

Notes to editors:

Under the Housing Act 2004, property that is three storeys or more and is or contains accommodation shared by five or more people shall have a mandatory licence.  This type of property is termed house or flat in multiple occupation. 

 Landlords must apply to the Council for an application pack or visit the Council’s website for further details on www.cotswold.gov.uk Licences are granted subject to national conditions relating to the provision of amenities, fire safety and standards of management.  The Council has currently licensed nine premises in the Cotswold District.