Does the punishment fit the crime?

Does the punishment fit the crime?

8:42 AM, 7th November 2018, About 6 years ago 52

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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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Comments

MARIE ELLIS

18:53 PM, 28th November 2018, About 5 years ago

Hi all I have been told by my barrister that its all over now and ok to tell you what happened. They withdrew my case because, they said, there weren't supposed to give me 28 days notice to do the works necessary (ie fit fire doors and smoke alarms in all rooms - remember this is a two storey 4 person HMO so its all done on risk assessment/Lacors guidance = law not actually broken) - they operate a ZERO TOLERANCE policy and therefore giving me 28 days was far too helpful, I had committed an 'offence' at the time the officer visited (er no I hadn't committed any offence at all and I darn well ain't being called an 'offender') and therefore they were justified in giving me an ON THE SPOT fine of TWENTY FIVE THOUSAND POUNDS (5k off for good behaviour). It is all barking mad, they had no evidence, we asked for it and didn't get it, they didn't go upstairs, I had already given notice to the landlord to terminate the lease (they won't have that by the way, they said in the letter that I gave the property back BECAUSE they inspected and its TOTALLY WRONG - I was ALREADY handing it back and had given notice BEFORE they even inspected. So really they are hiding behind an 'admin error' because they simply can't prove their case, they would have been shot down in flames at a tribunal for mal administration, p.ss poor inspection, no notes, a fine that they 'made up' (that level of fine is only to be given to non compliant and obstructive landlords and i'm none of those). This is not going to go away, I intend to take this to the highest level, they can't go round thinking they are the police and calling people offenders and giving out those sort of fines WITHOUT giving landlords the opportunity to engage/comply. Might be different if a licenced HMO possibly? Even then its pretty severe. If you recall they said my other houses were ok and didn't need fire doors and alarms in rooms because it was a joint agreement, this one they 'fined' me for was separate agreements. Oh and they totally missed the two hardwired alarms that were in the property and their fine said 'there were no hardwired alarms' at all. Scandalous. I am going to get my barrister fees and consultant fees of £2.5k back!!! Oh and Julian Hunt, top barrister, if anyone needs one.

Mark Alexander - Founder of Property118

19:05 PM, 28th November 2018, About 5 years ago

Reply to the comment left by MARIE ELLIS at 28/11/2018 - 18:53
Please ask Julian Hunt to drop me a introductory email - mark@property118.com

All the best

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