Newham Council’s first landlord banning order upheld by Upper Tribunal after landlord’s appeal rejected

Friday, February 9th, 2024 - Newham Council

Newham Council has won a landmark case against a convicted rogue landlord whose appeal against a Banning Order has been dismissed. The ban means that he is banned from renting out any properties in Newham and the rest of England for three years.

Convicted of seven offences under the Housing Act 2004, private landlord Mr Jahangir Hussain had originally failed to license his property in Forest Gate in October 2021, which he used as a house in multiple occupation (HMO). As well as breaching six other HMO Management Regulations, he received a fine of £10,000 and was ordered to pay the council’s legal costs.

In February 2023, the council successfully applied for a Banning Order against Mr Jahangir Hussain. Despite the landlord lodging an appeal in the Upper Tribunal, Newham Council won the case on 6 December 2023. The Banning Order will now prevent Mr Hussain from renting out any properties in England for three years. It is understood he has rented properties in Newham, Tower Hamlets and Haringey.

Councillor Shaban Mohammed, Cabinet Member for Housing Services said: 

This Banning Order is a first for Newham and a landmark case in our campaign against rogue landlord and to protect the rights of Newham residents living in the private rented sector. We mean what we say, when tackling the scourge of rouge landlords who think they are above the law.

They aren’t and we’ll track down any landlord who tries to circumvent the rules that are there to protect our residents and their housing rights. We have very clear guidelines, information and support available for private landlords in Newham so that they can operate their businesses while also supporting the welfare of their tenants.

Mayor of Newham, Rokhsana Fiaz OBE said:

Mr Hussain has shown flagrant disregard of both housing and planning legislation, to the detriment of both his tenants and residents of the borough. Combined actions from across our Council shows that we will do whatever it takes to protect the interests of our residents. This major milestone sends a message loud and clear that rogue landlords have no place in Newham. It’s all part of our campaign to protect renters rights, including calling for an end to no-fault evictions and introducing rent caps.

As well as obtaining the Banning Order, Newham’s Planning Enforcement Team secured two convictions in the Magistrates Court against Mr Hussain for breaching planning enforcement notices at both his properties in Newham. The notices related to the construction of extensions at those properties without the required planning permission. The cases have now been committed to the Crown Court under section 70 of the Proceeds of Crime Act, for consideration of confiscation and appropriate sentencing for the offences. 

A copy of the Upper Tribunal appeal decision in this case can be viewed here

Our free guide containing more information about property licensing and HMO planning restrictions in the London Borough of Newham is available here.

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