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Potential buyer reports landlord to council over illegal HMO

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A landlord renting out an unlicensed HMO was caught out when a prospective buyer reported her to the council.

Swindon Magistrates Court heard that Daria Smith, the co-owner of 44 Northbourne Road in Blunsdon St Andrew, was sent notices demanding that she produce tenancy agreements and bank statements for any occupiers of her property.

A prospective buyer had contacted Swindon Council stating that the property was occupied by six tenants as a licensable HMO, without a licence being in place.

An investigating officer visited unannounced and spoke to tenants who confirmed that six people lived in the six-bedroom house - which has a shared kitchen and bathroom - and that they were not related to one another.

Evicted

Smith did not comply with notices to provide tenancy agreements and bank statements and shortly afterwards her tenants were evicted or left the property. She said it had not been rented out as an HMO but to family and friends.

After failing to attend two Police and Criminal Evidence Act interviews with the council, notices were served on both registered owners, but the case was only pursued against Smith as the rent was shown as being transferred to her while witness statements referred to her as the landlord.

At the hearing, she admitted to not complying with a section 235 notice and was fined £300 with £4,022 in court costs.

Councillor Jim Grant (pictured), cabinet member for communities and partnerships, says: “As a council we have an important role in ensuring that private sector housing accommodation in Swindon is being managed responsibly and appropriately.

"I hope this prosecution sends a clear message to landlords that they must comply with notices issued by the council and that we will take action if they choose to ignore their legal responsibilities.”

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