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ºÚÁÏÍøÕ¾ Borough Council’s decision to impose financial penalties on two private sector landlords for offences under the Housing Act 2004 have been upheld by the Property Chamber of the First-tier Tribunal.

The council imposed financial penalties totalling £2,750 on the licence holder, Mr Nasser Butt, of two House in Multiple Occupation (HMO) properties situated in Cross Path, Northgate, and Priors Walk, Three Bridges, for failing to comply with the condition of his HMO Licences relating to the number of permitted occupants.

Mr Martin New, owner of a property in Lincoln Close, Tilgate, was required to pay a financial penalty of £3,000 for failing to comply with an Improvement Notice that had been served regarding substandard housing conditions.

Mr Butt, of Benhill Avenue, Sutton, is the HMO licence holder in respect of both properties at Cross Path and Priors Walk and is therefore required to adhere to the terms and conditions of those licences. The council’s Private Sector Housing Team became aware that the properties were over-occupied and the matter was subsequently investigated. 

Mr Butt was found to have let rooms in both properties to more people than was permitted under his HMO licences, which led to both properties being over-occupied. Financial penalties were imposed on him in the amount of £1,750 for Cross Path and £1,000 for Priors Walk, which were upheld on appeal. 

As landlord of the property in Lincoln Close, Mr New had been served an Improvement Notice to address poor housing conditions. The remedial actions included replacing the existing defective gas boiler, using a proprietary solution and repainting all mould affected surfaces within the property, replacing a missing fence panel, and dismantling and safely clearing away the dilapidated back garden shed. 

ºÚÁÏÍøÕ¾ Borough Council originally issued a financial penalty in the sum of £5,100 for failing to comply with the Improvement Notice. This was subsequently reduced to £3,000 upon appeal by Mr New to the Property Chamber of the First-tier Tribunal.

The Private Sector Housing Team works to improve the condition of private rented accommodation, particularly where the health and safety of residents is at risk. Contact the Private Sector Housing Team via the private housing pages or email ps.housing@crawley.gov.uk to report private rented accommodation that are over-occupied or in a state of disrepair.