Council allows rogue landlord to keep HMO licence

Bristol Council has fined Josefina Velazquez £11,000 for overcharging student tenants for their deposits but has failed to strip her of her HMO licence.

Bristol Court

A big South West council is under fire from its own councillors for failing to ban a landlord after its investigation found she has been ‘mistreating’ her tenants.

Bristol City Council has recently expanded its landlord licensing regime following widespread concerns over unfair rent and rogue landlords in a city where over a quarter of homes are privately rented.

The rule changes came into effect in August and have meant hundreds more landlords have had to apply for licences.

The expansion has also resulted in landlord Velazquez being investigated by the council’s enforcement team. Complaints were made about her treatment of her tenants and, according to Bristol Post, the investigation uncovered a pattern of poor behaviour over a two-year period involving two groups of student tenants, with Velazquez accused of ‘misleading’ them into overpaying their deposits.

After pleading guilty in court, Josefina Velazquez, of Hampton Road, Redland, was fined £11,000. The council, however, has since failed to strip her of her HMO Licence, even though the rules state that, in order to prevent rogue landlords from operating in the market, licence holders should be subject to a “fit and proper person” test.

No answer
Sonia Furzland, interim executive director for housing
Sonia Furzland, Interim Executive Director for Housing

Landlords are also required to declare they have no unspent convictions for fraud or other dishonesty and have not had judgements made against them under housing, public health, environmental health or landlord and tenant law.

According to Bristol Post, when Sonia Furzland, interim executive director for housing, was asked why Velazquez had retained her licence, she responded: “Unfortunately, I’m not in a position to answer that. This will be one that I need to take away.

She added: “On the face of it, the question is quite reasonable. Without knowing the full details of what they pleaded guilty to, it’s difficult for me to offer a review.”

If a guilty plea for an HMO landlord licence holder is not enough to trigger a fit and proper person review test, what would be?”

Christine Townsend Green Councillor Bristol
Christine Townsend Green Councillor
Bristol

But Green Councillor Christine Townsend said: “This landlord pleaded guilty. The things that this landlord did relate to conditions on the HMO licence. If a guilty plea for an HMO landlord licence holder is not enough to trigger a fit and proper person review test, what would be?”

The council has confirmed that Velazquez had begun refunding money owed to tenants before legal proceedings began, but has refused to comment on whether the guilty plea would now trigger a licence review.


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