A landlord has been told to repay £17,244 after a metal staircase collapsed beneath one tenant in her unlicensed flat.

A First Tier Property Tribunal heard that the external staircase was dangerous and put tenants at risk of serious injury, or worse. One tenant was descending the staircase when a tread cracked and collapsed, although he managed to hold the handrail and didn't fall.

The tenants also alleged that there was a serious window leak in one bedroom, with mould, that was never properly remedied, while they said the five-bedroom property in Sydenham Road, London, also didn’t have adequate smoke alarms, or compliant fire safety doors in the bedrooms. It should have had an additional licence under Lewisham Council’s scheme.

When they complained about a water leak, Khaula Zahid's agent, Harun Miah at Prime Finders Ltd, suggested they could exercise the break clause and vacate the property.

Responded

Zahid and Miah argued that they responded quickly and did what they could to resolve the issue, but that the staircase was not their responsibility and was the freeholder’s property. Subsequent remedial works had to be stopped because it was reported that the vibrations were causing further cracks.

Zahid said she was an absent landlord living in Canada with a busy life and a full-time job, which was why she had instructed a managing agent. She alleged that the tenants failed to leave the property in a good condition and that most of the deposit was retained, by agreement with the applicants for damage caused. She claimed to have had a good survey in relation to the metal staircase when she bought the property in 2020.

Judge

The tribunal judge said it found her conduct to be “very poor”, particularly her failure to ensure that it was safe for the applicants to occupy the property, citing the “woeful fire safety”.

He added that she could have instructed her agent to find the tenants alternative accommodation if there was any doubt at all about their safety. “As soon as the freeholder advised that they had been recommended to replace the whole staircase, and their statement that they would have to consult prior to the decision about works, the respondent should have found out from the freeholders about the safety or commissioned her own report. Instead, she just decided to step back and wait to see what the freeholder did.”

He awarded a Rent Repayment Order of 75% of the rent paid.

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