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Council Prosecutes Landlord for breach of enforcement notice.

10 March 2023

A landlord was successfully prosecuted after the Council discovered the landlord had unlawfully allowed occupation of a property prohibited by the Council.

Following a complaint from a recently vacated tenant in February 2022, Rochford District Council's Private Sector Housing team inspected the property under the Housing Act 2004. 

The premises was deemed unfit for human habitation and a prohibition notice under the provisions of the Housing Act 2004 section 20 and 21 was served on the 2nd March 2022.

On the 3rd May 2022, the Council received information that persons were living in the property. A warrant was then obtained for entry and persons were found residing in the property in breach of the Prohibition Order. 

Prosecution proceedings were started and on the 21st February 2023, the Landlord appeared at Basildon Magistrates Court for a plea hearing. The landlord pleaded guilty to the offence and received a £300 fine, ordered to pay £1700.00 prosecution costs and a £34 victim surcharge.  The court ordered a 28 day collection order.

Portfolio holder for Communities & Health, Cllr Arthur Williams, Said:

"We hope this successful prosecution acts as a warning to all landlords within the district. We will not tolerate landlords that allow residents to live in unfit properties.” Private sector housing tenants are encouraged to report matters of poor housing conditions, where their landlord will not carry out the necessary works. If your landlord does not carry out the works, or you feel they have not been completed fully then we may be able to assist, visit our website for further details.