A landlord from Blunsdon St Andrew has been fined after failing to supply crucial information about her property to Swindon Borough Council.
Daria Smith, the co-owner of a suspected six-bedroom House in Multiple Occupation (HMO) at 44 Northbourne Road, pleaded guilty to not complying with a Section 235 Notice, breaching Section 236 (1) of the Housing Act 2004.
The council had issued the notice, which demanded Smith provide tenancy agreements and bank statements for her tenants, following concerns raised by a prospective buyer of the property. The buyer had alerted the Council, suggesting the house was operating as a licensable HMO without the appropriate licence in place.
An unannounced inspection by a council investigating officer led to discussions with one of the tenants, who confirmed that six people were living in the house, none of whom were related. Further witness statements from two other occupants corroborated this, indicating that the property had six bedrooms and shared communal areas, thus requiring a mandatory HMO licence.
Despite the notices sent to Smith to produce the necessary documents, no response was received. Following the notice being served, the tenants either left the property or were evicted. Smith maintained that the property had been rented out to family and friends, not as an HMO. However, she failed to attend two Police and Criminal Evidence Act (PACE) interviews with the council.
Ultimately, the case was pursued solely against Daria Smith, as evidence showed rent being transferred to her account, and witness statements identified her as the landlord. After pleading guilty at Swindon Magistrates Court, Smith was fined £300 and ordered to pay an additional £4,022 in court costs.
Councillor Jim Grant, Swindon Borough Council’s Cabinet Member for Communities and Partnerships, commented on the outcome: “As a council, we play a vital role in ensuring that private housing in Swindon is managed properly. This prosecution sends a clear message to landlords that they must comply with notices issued by the Council, and we will not hesitate to act when they neglect their legal responsibilities.”
