Expert hits out after councils escape safety fines that would ruin private landlords

A landlord law expert has blasted four council housing providers for avoiding hefty penalties despite severe safety breaches which would bankrupt private landlords.

Phil Turtle, a director of Landlord Licensing & Defence, is furious that Brighton and Hove City Council, London Borough of Hackney, South Derbyshire District Council, and Ashford Borough Council escaped punishment for failings uncovered by the Regulator of Social Housing (RSH).

All four received a C3 rating, indicating critical safety shortcomings including electrical and fire safety risks, a lack of smoke and carbon monoxide detectors, and thousands of homes with a fire risk assessment.

Lenient treatment when compared to private landlords

Mr Turtle says he was bewildered by the lenient treatment of councils when compared to private landlords for similar offences.

He said: “Yet again councils get let off with a slapped wrist for housing failures for which the very same council would fine a private landlord out of existence.

“Fines for not having an EICR are up to £30,000 and it’s up to £30,000 for inadequate fire alarms/precautions and another up to £30,000 for damp and mould.”

He added: “If this was a private portfolio landlord where ‘professional’ means they would get the highest possible fines, because ‘they should know better’ – they would be looking at the best part of £100,000 in fines per property.

“But the same councils that inflict these fines – which they keep for their own revenue budget – just get a slapped wrist and time to leave the tenants in mortal danger until they feel like getting around to the repairs and upgrades.

“It’s at best immoral. Some may say completely corrupt.”

Safety breaches in council properties

The shocking details of the safety breaches in council properties highlighted by the RSH include:

• Brighton and Hove City Council: Electrical safety risks in 3,600 homes, fire safety issues in 1,700, and a repair backlog of 8,000
• London Borough of Hackney: More than 15,000 homes don’t have a valid electrical safety certificate, nearly 9,000 are without smoke detectors and more than 400 don’t have carbon monoxide detectors, and more than 1,400 council homes have damp and mould cases
• South Derbyshire District Council: Half of homes haven’t had a fire risk assessment, ‘a number’ don’t have valid electrical safety certificates, and more than 100 homes needed extra work for ‘unsatisfactory’ electrical certificates
• Ashford Borough Council: Severe health and safety lapses, including overdue electrical checks, incomplete fire safety measures, and missing smoke and carbon monoxide detectors in some of its 4,800 homes.

Despite these shocking revelations, the RSH did not impose penalties.

‘Landlords must provide safe and decent homes’

Kate Dodsworth, the chief of regulatory engagement at RSH, said: “Landlords must provide safe and decent homes for tenants by taking a proactive approach to delivering the outcomes of our standards.

“Making sure tenants’ homes are safe and keeping up-to-date data is key to meeting these objectives, as is ensuring there are effective approaches to handling complaints and engaging with tenants.”

She adds: “The issues outlined in the judgements need to be addressed promptly and we are working intensively with each of the landlords as they put things right for their tenants.”

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