I have just received the excellent Legal Action Magazine, and have found three cases, which I hasten to share with you.
HSE v. Hussain – Stafford Crown Court – 25 February 2009
This was a prosecution brought by the HSE under the gas regulations against Mr Hussein. Mr Hussein had 12 properties, 9 had gas appliances but only two had gas safety certificates. When the appliances were inspected a number were ‘immediately dangerous’ and the rest were ’at risk’.
Mr Hussein pleased guilty and was fined £40,000 and ordered to pay £44,500. The court also ordered immediate 18 months imprisonment if default of payment. Landlords of properties with gas appliances be warned!
Aslam v. Ali – Birmingham County Court – 10 June 2009
Here the tenant and his family lived in a four bedroomed house, but because of the lack of heating and general poor condition of the property, the family had to sleep in just two rooms and use extra blankets to keep warm.
The Judge awarded damages of 50% of the rent of £60 per week for the period they had suffered, and special damages to cover the extra cost of the blankets and for some repair work the tenant had carried out.
Smith v. Farnworth – Wigan County Court – 3 September 2009
Here tenants in a private property suffered water penetration to a conservatory, a defective boiler, a mising gutter and damage to the bedroom ceiling. The tenants also suffered intimiation from the landlord, including threats of removal.
The Judge awarded:
- total general damages of £4,700
- £500 for the intimidation
- £5,000 for exacerbated distress, and
- £3,500 for the claimants son for exacerbation of his asthema
Its good to know that some bad landords at least are not getting away with it.
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Excellent to hear that bad landlords are not getting away with it. People certainly shouldn’t be intimidated for wanting their homes kept in a decent condition. Nor would you want to try and save money skimping on gas safety certificates!