Brother and sister landlords from Frogpool near Truro have been fined after ignoring demands to make repairs at at their damp, mouldy and rotten home that was a serious health hazard for the vulnerable elderly tennant.

At a hearing at Truro Magistrates Court on Tuesday 03 March 2015, Cornwall Council’s Private Sector Housing Team successfully prosecuted landlords Ronald Bailey (56) of Greensplatt Cottages, Frogpool, Truro and Judith Bailey (54) of Farmcot, Frogpool, Truro.

Ronald and Judith Bailey, who are siblings, both pleaded guilty to two offences of failing to comply with Improvement Notices served under Section 11of the Housing Act 2014, on a property they co-own and rent out at Greensplatt, Frogpool, Truro. They were fined £800 (£400 per offence) and ordered to pay costs of £813 each to Cornwall Council and a victim surcharge of £20 each (total £1,233 each).

Following an inspection by Cornwall Council’s Private Sector Housing Team, the property was found to be damp and mouldy and excessively cold causing a significant health and safety hazard. The owners failed to commence or complete the required remedial works set out in the Improvement Notices.

The electric heating provision within the property was found to be inadequate and the timber framed windows were rotten and in a poor state of repair.

The slate roof of the property was also in a very poor condition and in every room on the first floor there was evidence of penetrating damp on the ceilings. Significant penetrating damp was also found in the ground floor living room.

Numerous compliance inspections were undertaken and it was discovered that neither of the two statutory notices served had been complied with.

The serious nature of the health and safety hazards was further compounded by the vulnerability of the elderly tenant, who has been a tenant of the property for approximately 30 years.

Falmouth Packet:

Joyce Duffin, Cornwall Council cabinet member for housing and environment said: “Cornwall Council values the contribution that well maintained private rented accommodation makes to the local housing market but will intervene when landlords neglect their responsibilities to provide safe accommodation. The Council is working in partnership with local and national landlord and lettings agent associations to develop the Cornwall Responsible Landlords Scheme and the Private Rental Standard for Cornwall. The scheme will help good and improving landlords understand and comply with legislation.”

Neil Tredwin, Cornwall Council Environmental Health Officer said: “In this particular case the property was being poorly managed which was potentially putting the health and safety of the tenant at considerable risk. It was apparent that no maintenance had been completed at the property for many years. When landlords fail to manage and maintain their properties to an acceptable standard and place the health and safety of tenants at risk, the Council will take enforcement action and prosecute for non-compliance.”

Landlords or property agents who wish to know more about their legal obligations are encouraged to express their interest in the ‘Responsible Landlords Scheme’ by making contact with the private sector housing team. Expressions of interest can be emailed to the team – psh@cornwall.gov.uk or contact the Cornwall Responsible Landlord Scheme Lead Officer on 01872 224543 for more information.