A landlord has been slapped with a £12,500 fine after an immigration raid revealed 13 people living in an unlicensed HMO above his restaurant premises.

Fayez Noor, who runs the Indian Diner in Lower High Street, Ashford, has been ordered to pay the fine after the Upper Tribunal increased the £10,000 penalty originally imposed when the case was first brought to tribunal by Ashford Borough Council.

The flats above the restaurant had been on the council’s radar for over four years. However, it was only after Immigration Enforcement invited Asford’s Private Sector Housing officers to join an unannounced visit in 2024 that the full extent of the rule breaches was uncovered.

Bedrooms locked

During the inspection, all the bedrooms appeared occupied, but the doors were locked, preventing access. Based on the evidence they found, though, the council’s officers were satisfied the property was being run as an unlicensed HMO.

It subsequently secured a warrant and returned with South East Immigration Enforcement, Kent Police and a locksmith. They found all 11 bedrooms occupied, with 13 individuals living there – including one who was sleeping in the restaurant seating area on the ground floor.

Noor was given a £10,000 fine and handed an improvement notice requiring urgent works to be carried out. He responded by evicting the tenants and began complying with the work order, but the penalty remained unpaid.

The fact that this is the first time a financial penalty has been levied against a landlord in Ashford since the legislation was introduced in 2018 shows how successful our team has been in settling disputes.”

Having missed the deadline to appeal to the First-tier Tribunal, Noor then applied to have the appeal reinstated. This was refused and so he made a further appeal to the Upper Tribunal.

The tribunal, however, ruled that Noor showed ‘wilful blindness’ to the risks, with his culpability rated as ‘high’. It also found the risk of harm to tenants to be ‘high’ or ‘very high’ and increased the fine to the maximum possible for that band.

Council Leader Cllr Noel Ovenden (pictured) says: “Taking legal action against a landlord is the last thing we want to do. The fact that this is the first time a financial penalty has been levied against a landlord in Ashford since the legislation was introduced in 2018 shows how successful our team has been in settling disputes.”

The penalty must now be paid within 28 days.

Pic courtesy of Ashford Council.