In an unusual case the co-owner of a six-bedroom Swindon property must pay a total of £4,322 after she was reported to her local council for running a suspected unlicensed HMO – by a potential buyer – after they completed a viewing of the property.

Swindon Council immediately sent Smith a Section 235 Notice demanding that she produce tenancy agreements and bank statements for any occupiers of her property.

Unusual

An investigating officer from then made an unannounced visit and spoke with three of the tenants who said that there were six people living there and that none of them were related.

Even though Smith denied the property was an HMO claiming it had in fact been rented to family, she failed to attend two Police and Criminal Evidence Act (PACE) interviews.

As a result notices were served on the two registered owners of 44 Northbourne Road (main image).

The council however only pursued Smith and not the other co-owner of the proeprty, as she was the recipient of the rent and witness statements referred to her as the landlord.

As the tenants had left or were evicted shortly after the case was opened, Smith could only be prosecuted for the lesser offence of failing to comply with the Section 235 Notice rather than running an unlicensed HMO.

I hope this prosecution sends a clear message to landlords that they must comply with notices issued by the Council.”

Smith pleaded guilty and the magistrates fined her £300 and ordered her to pay £4,022 in court costs.

Councillor Jim Grant, Swindon Borough Council’s Cabinet Member for Communities and Partnerships, said: “As a council we have an important role in ensuring that private sector housing accommodation in Swindon is being managed responsibly and appropriately.

“I hope this prosecution sends a clear message to landlords that they must comply with notices issued by the Council and that we will take action if they choose to ignore their legal responsibilities.”

Read more about the Swindon property market.

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