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Essex landlord banned for three years after HMO court case

banning order southend

A rogue landlord who was also a letting agent in Essex has been banned from being a landlord for three years.

Ruhul Mohammed Shamsuddin is now prevented by law from letting houses, engaging in letting agency work or managing properties, and could face both imprisonment and a fine of up to £30,000 if he breaks the banning order, which applies to England only.

He is also prevented from being involved in any company that carries out any of the duties outlined above.

His banning order has been secured via a First Tier Tribunal Property Chamber after Shamsuddin was convicted last year of half a dozen offences in relation to a property at 12, Clifftown Road in Southend-on-Sea (main image) at Colchester Crown Court.

This included overcrowding at the terraced house which is above a food outlet in contravention of its HMO licence conditions; not displaying who the manager was at the property, as the law requires; an unsafe third floor balustrade; and dangerous flooring in the entranceway and on the stairs.

Defective

Other offences included a fire alarm control that was not maintained or in good working order, a defective fire alarm/detector in the first floor hallway and a blocked fire escape at the rear.

Shamsuddin, who pleaded not guilty to these offences, subsequently pleaded guilty to similar offences he was prosecuted for at a second address in Southend, all of which have been considered ‘banning order offences’ by the Tribunal, which was told both properties were overcrowded and featured fire risks that left inhabitants living in ‘unacceptable conditions’.

It heard that Shamsuddin could be considered a residential landlord despite operating his properties via a complicated string of companies, including a principal business, Lordsons Estate Agents.

“We have accepted the evidence from [Southend council] about these matters – the Respondent [Shamsuddin] produced nothing to challenge it and chose not to cross examine their witnesses,” the Tribunal says.

“The main purpose of this order is deterrence of the Respondent and others from repeat or similar offending, sending the message that fines/penalties cannot be absorbed as a cost of overcrowding tenants into unsafe and inadequate housing, particularly where fire safety risks are involved, and other enforcement action cannot simply be avoided.”

The Tribunal gave Shamsuddin 28 days to appeal the decision. Read the decision in full.

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