HMO landlord Cyril Thomas wins appeal over Colchester Council
8 years ago | 21 comments
Does the punishment fit the crime?
8:42 AM, 7th November 2018, 7 years ago
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This morning I read about a landlord who failed to make improvements demanded by the local Council through notice under the Housing Act 2004. Apparently, the property required repairs to rectify a number of health and safety issues, including dangerous electrics and damp. There were no more details available than that in the article I read.
However, the Council issued a fixed penalty notice for £1,000 in regards to the smoke alarm and on top of that the landlord was fined £20,000.
I see that Property118 posted a comment below the article to say “we agree that non-compliance shouldn’t be tolerated, but we also believe in justice and a £20,000 fine just doesn’t make sense for a crime of this nature. Compare that to a fine for speeding for example, both of which have similar risks to human life.”
I also note that several “criminal landlord convictions” have subsequently been overturned on appeal.
Are landlords being singled out and treated unfairly by Council’s and the Judiciary?
Should landlords be compensated for stress and damage to their reputations after having their names dragged through the mud if/when they win their appeals, and should that compensation be commensurate to the fined imposed?
Do you think the punishments being handed out fit the crimes?
What are your thoughts?
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7 years ago | 42 comments
Kicking Landlords is the National Pastime – Fergus Wilson
7 years ago | 8 comments
Member Since May 2016 - Comments: 415 - Articles: 52
12:54 PM, 7th November 2018, About 7 years ago
To Marie Ellis. This is exactly we set up the landlords Alliance. Join us now. http://Www.landlordsalliance.co.uk
Secondly listen to Ian Narbeth. Ian is correct, you urgently need professional legal advise. To Ian thank you for pledging to join and especially for your offer of assistance. We are working through the pledges and want to contact everybody personally, so we will contact you very shortly. I believe Marie with good legal advise you can bin off this rogue local authority. Again if you joined us perhaps we have other members who have also been victims of this gangster council.
Member Since November 2018 - Comments: 27
12:58 PM, 7th November 2018, About 7 years ago
Reply to the comment left by Larry Sweeney at 07/11/2018 – 12:54
hiya sorry I thought I had joined I can’t have done it properly I will do it now via your link. Many thanks
Member Since September 2014 - Comments: 277
3:16 PM, 7th November 2018, About 7 years ago
Hardly crime of the century. When councils see l/lords they see ££££s, so nice fat juicy fines! Well, someone has to pay their wages, a nice fat juicy wage of £172,000 for our the top councilor alone!
Member Since September 2016 - Comments: 2533 - Articles: 73
8:40 PM, 7th November 2018, About 7 years ago
Reply to the comment left by MARIE ELLIS at 07/11/2018 – 12:58
I’m sorry to hear you are going through this awful experience, Marie. The council is behaving in a terrible way. Chin up and take the advice here – it would be good if someone can mention a specific lawyer. There are usually some on the various landlord Facebook pages. You obviously need to get the right one. At the same time, you need to make sure you look after yourself. This issue will be resolved.
Member Since January 2011 - Comments: 12193 - Articles: 1395
8:50 PM, 7th November 2018, About 7 years ago
Reply to the comment left by Dr Rosalind Beck at 07/11/2018 – 20:40
Maybe look up “Ian Narbeth Solicitor” on Google. He’s a regular contributor here and provides some very useful and unbiased advice. If he cannot help I’m sure he would know who best to refer
Member Since January 2011 - Comments: 12193 - Articles: 1395
8:52 PM, 7th November 2018, About 7 years ago
I have just found this link via a Google search for Ian Narbeth https://www.dmhstallard.com/people/ian-narbeth
Member Since November 2018 - Comments: 27
9:05 PM, 7th November 2018, About 7 years ago
Reply to the comment left by Dr Rosalind Beck at 07/11/2018 – 20:40
Thanx everyone yes i have a barrister £2500.00 total costs so far with consultancy i had to take out a loan. The Council are using MY tax money to go after ME! Its disgraceful. Ombudsman and MP are next
Member Since January 2011 - Comments: 12193 - Articles: 1395
9:22 PM, 7th November 2018, About 7 years ago
Reply to the comment left by MARIE ELLIS at 07/11/2018 – 21:05
Hi Marie
What advice has your barrister given to you?
Is he (or she) a specialist in this field?
Member Since January 2011 - Comments: 12193 - Articles: 1395
9:26 PM, 7th November 2018, About 7 years ago
Reply to the comment left by Mark Alexander at 07/11/2018 – 21:22
Another good person to talk to would be Cyril Thomas, because he has been through a similar ordeal. He was convicted of 10 offences at the first hearing but they were all squashed on appeal when he got the proper legal help.
Don’t give up, EVER, if you know you’re in the right.
I won a massive case for landlords against a major building society so I know how stressful things can get. However, you MUST see that justice is done. This sort of action by Council’s MUST be stopped in its tracks.
Member Since November 2018 - Comments: 27
9:52 PM, 7th November 2018, About 7 years ago
Reply to the comment left by Mark Alexander at 07/11/2018 – 21:22
Yes he is but its all so confusing. I havent broken the law at all but i still have to use him to fight it. Another 6k if i go to tribunal which i must