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Successful prosecution

Published: 23/08/2017

Flintshire County Council’s Housing Standards and Enforcement Team gained another successful prosecution for an offence under the Housing Act 2004. Filip Barbacaru, Director of Easy Residence Ltd. pleaded guilty to not having a Mandatory License on 22 August 2017 at Wrexham Magistrates Court. Environmental Health Officers from FCC were notified that the conditions of 19 Ash Grove, Shotton were not suitable and the property was overcrowded. The house in multiple occupation (HMO) was found to comprise of three storeys which included an attic conversion, it was occupied by 22 tenants. As this property was over three storeys and occupied by more than five occupants forming two or more households it was required to have a Mandatory License as specified in the Housing Act 2004. Mandatory licensing was brought in to provide greater protection for the health, safety and welfare of occupants living in HMOs. The use of licensing doesn’t just look at the physical elements but focuses on the management competency and the ‘fitness’ of the person managing or providing the HMO accommodation. Mandatory Licensing is aimed to ensure that those HMO’s which present the most significant health and safety risks come to the attention of the local authority, placing a more direct obligation on landlords to provide acceptable standards. On sentencing, magistrates expressed that Mr Barbacaru had failed to protect the health and safety of the occupants and that noncompliance of landlord regulatory obligations would not be tolerated. Filip Barbacaru was fined a total of £8,165 including costs. Cabinet Member for Planning and Public Protection, Councillor Christopher Bithell said: “The Council’s Housing Standards and Enforcement Team of the Business and Community Protection Department are serious about improving the standards of private rented properties within Flintshire and want to work with landlords and agents who have rented properties in the County to ensure the required standards are met. However, in those instances where there is noncompliance, appropriate action will be taken, including enforcement action when necessary” All private rented properties in Wales need to be registered with Rent Smart Wales and anyone who has involvement with the management and letting of rented properties has to have a license. To find out more contact Rent Smart Wales on 03000 133344 of visit www.rentsmart.gov.wales.