The landlord of a property in Harlow has been hit with over £23,000 in legal costs after being found guilty of operating an unlicensed and unsafe house in multiple occupation (HMO).
An HMO (also known as a house share) is a property inhabited by 3 or more unrelated people forming more than 1 household.
Ervis Xhaferi, landlord and owner of the HMO, pleaded guilty at Chelmsford Magistrates’ Court on Wednesday 9 May 2024 for operating an unlicensed HMO in Great Leylands. The judge fined him £16,200, as well as ordering him to pay a victim surcharge of £2,000 and court costs of £5,500.
The successful prosecution is the result of months of work by Harlow Council to bring the matter to court.
The case dates back to December 2022, when the council received a complaint from a member of the public about the property being converted into an HMO. Council officers attempted to engage with Mr Xhaferi on several occasions on the matter, but he repeatedly denied that the property was an HMO.
There were further complaints from the public, which prompted the council's HMO Enforcement team to inspect the property. They found that the 3-bedroomed home had been converted into a 4-bed and housed six people.
An HMO will require a mandatory licence if it is rented to 5 people or more who form more than 1 household. In Harlow, all HMOs also require planning permission.
Investigations also found that the property was unsafe and fell well below the required fire safety standards. Officers discovered significant hazards, including a lack of any working fire alarms, no fire rated doors and a loft room occupied without building control approval.
The council’s Legal and Environmental Health teams worked together to bring the case to court, where Mr Xhaferi pleaded guilty.
Commenting on the result, Councillor Nicky Purse, cabinet portfolio holder for sustainability and environment, said:
“This is a fantastic result and I want to thank all those members of the public who brought this matter to our attention, as well as the officers involved in bringing the case to court.
“As we work towards achieving our missions of protecting our communities and transforming Harlow’s housing, we will continue to robustly monitor HMOs in the town to ensure that they are fully licensed and meet all the required safety standards.
“I hope that this result sends a clear message that we take the safety of Harlow’s residents seriously and that we won’t hesitate to use our legal powers to protect our community.”
Operating an HMO which requires a licence but does not have one is punishable with a civil penalty of up to £30,000 or an unlimited fine on conviction.