A letting agent has been fined after admitting two offences of failing to carry out repairs on two properties on his books.
Alexander Cooper, of Milton Keynes agency Mortimers pleaded guilty to failing to comply with an Improvement Notice contrary to section 11 of the Housing Act 2004.
He was fined £1,000 for each offence and ordered to pay costs of £660.90 - a total of £2,660.90.
Jane Harrison, the Private Sector Housing Manager of Milton Keynes council, which initiated the proceedings, says: This is the first time we have actually prosecuted an agent for failing to maintain a premises. Because they are the person taking the rent and effectively in control' of the property, they are liable to be prosecuted if they don't ensure that required repairs are carried out.
The first offence included failing to carry out repairs to the ceiling, front and rear exit door and windows on a property; the second offence included failing to replace defective doors and windows at a second property.
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Comments
I agree with Fantastic cleaners also!
I agree with Fantastic cleaners! The law is the law.
Thanks God they haven't put tenants at risk. If it was gas related problem or lack of Gas Safety Certificate the fine would be even higher
I absolutely agree with the verdict ! They should never put their clients at risk and should respect all clients equally
I totally agree with Russell
Quite an interesting read, what about anything new soon
Sht happens evryday :o
To be fair the landlord is in fault here he shouldn't be wanting the money from the renties.
I couldn't understand what happend can someone explain
To be fair maybe the landlord isn't at fault here.I mean its normal that damages happen and any person who has put a house/apartment for rent would be angry and ask the people to fix the damages its just normal!But the law is the law i guess he will just have to take it.
Tottaly agree that the landlord is responsible for the damages!
I agree with the other people that have said that the landlord is responssible for the damages in no other country this would happen...
This is just another example how the British Justice system is flaud...Like other idiotic laws like the one for the parking infront of houses is just amazing how stupid we are to let them pass insane laws...
Wow! Another shining example of the great british justice system in action.
I belive that the landlord has commited the crime itself! You can't blame the agent for you missdoings with the client...Its stupid that people are allowed to manipulate the law like this.
Shouldn't the landlord of the place take the responsibility of the repairs on the property and not the real estate agent By law the landlord should have to do it not the booking agent or am i wrong
To be fair i belive that the client should of asked the landlord first rather than now not being satisfied with the with...
Absolutely agree with Russell's statement! Repairs are landlords business!
I agree with Russell - it's not the agent's property, the landlord has to do something about the repairments!
I have the following question: We did hard floor cleaning for one of our clients (the land lord demanded), but the landlord doesn't want to give him back the lease money. What can he do
If I was that guy, I would at least volunteer for community services.
The Council as always will take the easiest route and go after the agent as they are the ones collecting the rent albeit on behalf of the landlord, the same as they do with Housing Benefit defaults. An agent has a duty to inform the landlord of the repair order and request that they comply with it. The landlord cannot refuse to carryout the repairs but if the landlord does refuse, or refuses to allow the Agent to carryout the work then the agent has the right to dis-instruct themselves from the management of the property as the landlord is essentially breaking the law.
The Landlord & Tenant Act 1985 describes a Lessor that doesn't necessarily identify an agent rather than a landlord so I'm at a loss as to how Mortimers we're fined. I think the answer may lie in the term 'in control' that's commonly used for HMO's which would certainly leave an agent open to prosecution.
Can you give us a bit more info LAT
Have you never heard the phrase 'Agent of Necessity' A landlord cannot instruct an agent to break the law nor can an agent ignore the law because his client wants him to.
There must be more to this than is being advised. An agent alone cannot authorise work to be undertaken on a landlords property without their authority. Just because the rent is paid to the agent, this is not an open book to spend this money on repairs just on their say so. This is a ridiculous non entity. Daft & I'm sure more to it than we are being told.