After months of demands and non-compliance, Ashford Borough Council prosecuted landlady Judith Wilson in November 2018. This followed an enforcement notice (that she and her husband failed to address) to supply hot water to one of their 300 properties. It was occupied by a tenant with a disability who had made multiple and reasonable requests to fix a faulty boiler.
The Court Case
During the hearing, the council told that court that the Wilsons repeatedly failed to repair the defects causing the loss of hot water. She was given an enforcement notice which was ignored, leading to the court case.
Wilson initially denied the charge, but at the end of the two-day case was found guilty by the District Judge. Her defence rested on the belief that repairing the boiler was the duty of Ashford Borough Council who should have then billed the Wilsons for repairs. The council denied this, and the judge concurred that Judith Wilson knew the fact “very well” that it was solely her responsibility. Finally, the court subjected the Wilsons to a Section 162 (financial disclosure). Sentence passed last week; the Wilsons were fined £10,000 and ordered to pay court costs of £14,890.94.
Tenants “Unaware of Rights”
Ashford Council took the opportunity at the end of the hearing in November to remind both tenants and property owners of two things:
- That the private sector is not protected from legal obligations on provision of utilities; that tenants can approach the council at any time if they have a problem landlord, to begin an investigation. The council is duty bound to investigate and issue notices against the property owner if they are found in dereliction of their duties or otherwise breaking the law in relation to their properties
- That property owners have a duty of care to their tenants for their safety and a decent standard of living, including issues surround fire and gas safety, and the provision of heating, water (hot and cold), adequate access to facilities and utilities
Ignorance of a legal duty is no defence.
What a Council Can Do
There are several rights that tenants in the private sector have. They are broadly broken down into three groups:
- A right to demand repairs associated with the property, repairs for which the owner is responsible
- Those centring on harassment (which covers a broad manner of things including entering the property without permission)
- The right not to be discriminated against (charged higher rents or receiving unfair treatment because of disability, race, religion, nationality, gender, sexual identity etc)
The last is a legal matter but the former two are civil matters. Tenants have the right to complain to the council. On the first issue, they may issue enforcement notices as happened with the Wilsons.