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The landlord of a property in Blunsdon St Andrew has been fined after failing to provide Swindon Borough Council with requested information about the suspected six-bedroom House in Multiple Occupation (HMO).
Daria Smith, who co-owns the property, admitted to not complying with a Section 235 Notice, which is a breach of Section 236(1) of the Housing Act 2004. The notice required Smith to produce tenancy agreements and bank statements for the property’s occupants.
The notice was issued after a potential buyer contacted the council, alleging that the property was being used as a licensable HMO without the necessary licence. A council officer conducted an unannounced visit to the property and spoke with a tenant who confirmed that six unrelated people were living there.
Further witness statements from two other tenants corroborated that six individuals, who were not related, occupied the property, which has six bedrooms with shared kitchen and bathroom facilities, suggesting that it fell under mandatory HMO licensing.
Despite being served with the notice, Smith did not provide the required documents. Shortly after the notice was issued, the tenants either left or were evicted from the property.
Smith claimed that the property had been rented out to family and friends, not as an HMO. However, after failing to attend two Police and Criminal Evidence Act (PACE) interviews with the council, the case was pursued solely against her, as rent payments were traced to her account and witness statements identified her as the landlord.
Smith pleaded guilty at Swindon Magistrates Court to failing to comply with the Section 235 Notice. The court fined her £300 and ordered her to pay £4,022 in court costs.
Cllr Jim Grant, Swindon Borough Council’s cabinet member for communities and partnerships, emphasised the importance of landlords adhering to legal obligations, commenting: “This prosecution serves as a clear warning to landlords that compliance with council notices is mandatory, and failure to do so will result in enforcement action.”
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