Barking HMO landlord faces imprisonment if Confiscation Order not paid within three months

Thursday, January 20th, 2022 - Barking & Dagenham Council

Barking & Dagenham Council landlord prosecution 2021

A private landlord has been ordered to pay over £64,000 for breaking housing regulations on a private rented property in Barking.

On the 20 July 2021, Mr Sumon Miah of Mortimer Terrace, Highgate was found guilty at Barkingside Magistrates Court for breaching a planning enforcement notice served on a property being used illegally as a House in Multiple Occupation (HMO).

Last month (21 December 2021), Mr Miah received his sentence and was ordered to pay a fine of £15,000, costs of £12,573 and handed a £37,000 Confiscation Order under the Proceeds of Crime Act. The order represents the criminal benefit made from renting the property out.

In summing up the Judge said the sentence reflected his persistent disregard to the enforcement notice and the fact he had purchased the property on Ripple Road, Barking, as a vehicle to generate income and subsequently converted it into an HMO illegally.

Councillor Margaret Mullane, Cabinet Member for Enforcement and Community Safety at Barking & Dagenham Council said:

This has been a complete disregard for the rules put in place when it comes to planning enforcement and HMOs.

And as Mr Miah continued to ignore the enforcement notice handed to him, he now has to stump up a huge amount of cash. I hope this sends out a warning to all landlords who are not following the rules.

Miah was given three months to pay the fine and if he fails to do so, he will serve a 12-month prison sentence. Further, if the Confiscation Order isn’t paid within three months, he will serve a two-year prison sentence.

Barking and Dagenham Council operates mandatory HMO licensing combined with a borough wide selective licensing scheme covering all other private rented properties. Their additional licensing scheme ended in August 2019. It is a criminal offence to rent out a property without applying for the correct licence.

Our free guide with more information about property licensing and HMO planning rules in the London Borough of Barking and Dagenham is available here.

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