News-Unlicensed landlord prosecuted after failing to address multiple hazards in family of eight's home

Mark Grant Jackson, of Rhyd-Y-Penau Road, Cyncoed, Cardiff, also failed to apply to us for a selective licence for the Tow Law property, despite it being a legal requirement for private landlords in that area.

Peterlee Magistrates' Court heard the 58-year-old, who has previously been linked to addresses in Richmond and Ripon in North Yorkshire, rented the property to a couple and their six children between April 2022 and October 2023 through his company Welcome Homes.

Multiple problems with property

During that time the tenant reported multiple problems with the property and although tradesmen were sent out to provide quotes, no work was ever carried out.

The tenant paid for many repairs himself and had the electrics checked as he was concerned they were unsafe. He said the family lived in fear that the roof would detach, or the chimney stack would collapse during high winds. The damp, meanwhile, was so bad it affected the children's health.

Selective Licensing

Tow Law is one of 103 selective licencing areas across County Durham. Selective licensing gives us powers to regulate the private rented sector, with landlords and agents required to apply for a selective licence and comply with conditions to ensure their properties and tenancies are managed effectively.

Despite holding a selective licence for another property in County Durham, Mr Jackson did not obtain a selective licence for the Tow Law house.

Health and safety fears

Magistrates heard our housing team was alerted to the property by a support worker who was concerned about the conditions the family was living in.

An urgent Housing Health and Safety Rating System inspection was carried out on 5 July 2023 and a number of hazards were identified inside and outside of the house. These included: damp and mould; excess cold; risk of entry by intruders; electrical hazards; issues with sanitation and drainage; and risks of falls associated with stairs and steps.

A Section 11 and Section 12 Housing Act 2004 Improvement Notice was sent to Welcome Homes' registered address in Barry, Wales. This required remedial works to address the hazards begin no later than 28 August 2023 and be completed by 25 September 2023.

Contact with owner

On 7 September, one of our housing enforcement officers contacted Welcome Homes for an update on the repairs. He was told the request had been passed on to management but had received no further response.

The officer emailed again on 13 September and was told the company had not received the Improvement Notice, despite it being sent to the same address the Welcome Homes employee later confirmed as being correct.

On 21 September, four days before the Improvement Notice deadline, Welcome Homes contacted the officer to inform him the tenant had been offered a new home and the Tow Law property was being put on the market.

On 25 September, the tenant confirmed that no work had been carried out and the family was hoping to move out in a few weeks. The court heard that no hazards had been addressed at the point the family moved out on 7 October 2023.

During this period, our selective licencing team also contacted Mr Jackson multiple times to remind him of the legal requirement to obtain a licence.

He was invited for interview under caution on 21 November but did not attend, and officers later learned Welcome Homes had gone into liquidation.

Court hearing

Mr Jackson was charged with failing to obtain a selective licence and breaching the Housing Act 2024 by failing to comply with the Improvement Notice. He did not attend court and the case was proved in his absence.

Magistrates imposed a fine of £1,760, a £704 victim surcharge and costs of £674.

Michael Kelleher, head of planning and housing, said: "This case demonstrates why the selective licensing scheme is so important. No-one should have to live in substandard, unsafe accommodation and find their requests for help from their landlord or agent repeatedly ignored.

"We hope this prosecution serves as a warning that we will take action against those who fail to fulfil their duties as a landlord. Selective licensing is in place to protect both tenants and landlords within the private rented sector. I would encourage anyone who is renting or considering renting a property in County Durham to find out more about the scheme and make sure they have the correct licences in place."