A landlord living in London has been prosecuted after refusing to make repairs to an elderly tenant's excessively cold property in Camborne that often flood with sewage.

On Friday, March 6 2015, landlord, Hadi Tolui, 69, of 23 Lytton Road, Leytonstone, London E11 1JO was successfully prosecuted at Bodmin Magistrates Court.

Tolui had previously pleaded not guilty to the offence of failing to comply with an Improvement Notice served on his property in Camborne, under Section 11 of the Housing Act 2014.

Tolui entered a late guilty plea resulting in a Conditional Discharge for two years and was ordered to pay costs of £2500 to Cornwall Council with a £15 victim surcharge.

Following a complaint from the tenant, and subsequent inspection of the property, a category one hazard was identified for excess cold as the property was found not to have adequate fixed heating. Tolui failed to resolve these issues and an Improvement Notice was served on 11 December 2013, requiring works to be carried out to the property by 11 March 2014.

Tolui appealed this notice claiming amongst other things that he did not have the funds to do the work. The appeal was dismissed, although the Tribunal did allow additional time for the works to be completed.

A visit undertaken on 13 August 2014 identified that the notice had not been complied with. The works were subsequently completed on 24 October 2014 and this notice has now been revoked.

Tolui also accepted a simple caution for a second offence. This caution included an undertaking to complete the works within 56 days (1 May 2015). This offence related to non-compliance with an Improvement Notice served under Section 11 of the Housing Act 2004. The hazard identified in this case was for personal hygiene, sanitation and drainage.

The only toilet within the property regularly became blocked and overflowed into the property, a camera survey had shown that the pipe work underground was defective and needed replacing. The bath to the property had no hot water leaving the elderly tenant either to fill a jug with hot water from the wash hand basin or boil the kettle down stairs and carry up the hot water from the kitchen.

Joyce Duffin, portfolio holder for housing and environment said: “A number of landlords still do not fully understand their legal obligations when it comes to ensuring the health, safety and welfare of their tenants. The Council makes every effort to work with landlords but those who plead ignorance or fail in their obligations will be subject to enforcement action by private sector housing.

The council is committed to supporting landlords with compliance with their legal requirement and is working in partnership with local and national landlord and lettings agent associations to develop the Cornwall Responsible Landlords Scheme and the Private Rental Standard for Cornwall.

"The scheme will help good and improving landlords understand and comply with what can often be perceived as complex legislation”

Zoe Storer, senior environmental health officer with Cornwall Council who investigated this case, said: “Well maintained private rented accommodation makes a vital contribution to the housing market in Cornwall. In this case maintenance and management had not been undertaken leaving a vulnerable tenant at risk. All landlords have a duty to ensure that their properties meet minimum safety standards. Landlords who do not fulfil this duty will be subject to enforcement action and prosecution if they do not comply”.

The work undertaken by officers of Private Sector Housing means that action is taken quickly to ensure tenants do not have to live in properties where hazards are present. Our joint Enforcement Policy with Planning Enforcement and Building Control ensures that there is no undue delay in taking the necessary action to remove hazards which could put the tenant at risk. The policy can be viewed on our website.

Landlords or property agents who wish to know more about their legal obligations are encouraged to express their interest in the ‘Responsible Landlords Scheme’ by making contact with the private sector housing team.

For more information and to express an interest in the scheme email: psh@cornwall.gov.uk or contact the Cornwall Responsible Landlord Scheme Lead Officer on 01872 224543.