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Foxtons Trial Shows You Can't Afford to Ignore ALL Safety Requirements

The legal crackdown on rogue landlords who put the safety of tenants at risk has begun. Determined to show they take the issue seriously, the government has tightened restrictions, given greater powers to authorities and increased penalties for safety breaches in recent years. In one of the highest-profile cases ever, London-based Foxtons recently received a £35,000 fine for violations at a single property.

 

The Foxtons Case in Brief

For 18 months, Tower Hamlets Council sent multiple requests to Foxtons for safety information on the property. For whatever reason, Foxtons failed to answer the council’s requests and provide the requested information. Subsequently, the council took Foxtons to court, charging the organisation with a failure in their duty of care towards the property’s tenants.

The report from the council stated that Foxtons failed to prove safety certification (and therefore failed to prove the safety) pertaining to:

  • Utilities (gas and electrical appliances)
  • That the fire alarms were in full working order and safe
  • Further, they failed to provide the identity, when requested, of the property owner and names of the tenants

Foxtons did not deny the charge. In fact, they pleaded guilty to all charges, expressing remorse and embarrassment over the whole episode.

 

Taking Tenant Safety Seriously

The law they broke was Section 236(1) of the Housing Act 2004. Under this provision, any person with a relevant interest in a property has a legal obligation to provide any documentation to the local council when requested in pursuit of said council’s duties regarding housing enforcement.

The case took place at the magistrate’s court at Bow. The council reiterated that they had no reason to believe that the property was not in a safe condition, but Foxtons failure to comply with requests for information demonstrated a “lack of regard” in its duty to adhere to all legal requirements. The case concluded with the court deciding on a hefty fine, stating that the company’s size, profit, and the ease with which such information could have been provided. There was simply no excuse for non-compliance with such legally-obliged requests, even if everything was in order at the property.

 

A Landlord Must Fulfil All Obligations

Any property owner in this business or wishing to enter the business as a viable income source must be fully aware of their legal obligations. The primary concern should always be the safety of any occupiers. This means checking the gas supply regularly, that electrical appliances are safe, that smoke detectors work and there is a clear fire exit. But there are other obligations too. Namely, to assist councils in the pursuit of housing enforcement – to provide any and all documentation when requested.

Other obligations include supply of EPA details to tenants, a clear contract signed by both parties with stated obligations.