A rogue landlord has been given a fine of £2,500 (allowing for his guilty plea) and issued with a four-year Criminal Behaviour Order following his failure to comply with a Community Protection Notice on a property in North Wingfield.
Our Environmental Health team received 11 complaints regarding waste accumulating at the front, side and rear of a property in North Wingfield owned by Martin Ambler.
Despite repeated requests to remove the waste, Ambler of Vincent Lane, Chesterfield failed to comply and was subsequently served with a Community Protection Notice in February 2017 requiring the waste to be cleared within 14 days.
Although the defendant contacted us and had a skip present at the property, there was still a large amount of waste left, which he failed to clear. We subsequently started court proceedings for failure to comply with the Community Protection Notice.
Despite the defendant pleading guilty, the Magistrates Court imposed the maximum fine (allowing for his guilty plea) and the Chair of the Bench stated that the ‘appalling nature of the offence justified this unusual step’.
The problems became so bad at properties owned by Ambler, that a neighbour considered selling their property and was too afraid to let their children play outdoors due to the presence of rats. A tenant of a different property was hospitalised as a result of the condition in which the property was let.
Both Councils received a large number of complaints about properties owned by Mr Ambler in relation to accumulations and housing conditions. Examples include lack of heating, faulty electrics, damp and mould and blood stained walls.
In addition to the prosecution, we also applied for a Criminal Behaviour Order which was granted.
Since 2015, 19 enforcement Notices had been served on Mr Ambler regarding properties and land under his ownership. Despite repeated requests to deal with issues and the use of enforcement Notices, Mr Ambler failed to act and the Chair of the Bench issued the Criminal Behaviour Order, stating that it was ‘both necessary and proportionate to prevent further such consequences’.
The Order is for four years and he was ordered not to:
- Store or dispose of any controlled waste on any land under his control.
- Burn any waste or instruct someone else to burn any waste
- Rent out any properties containing Category 1 hazards under the housing Act 2004.
And he was ordered to:
- Monitor and maintain all land under his control monthly, so that it is kept free from waste
- Monitor and maintain each property under his control annually to check for hazards under the Housing Act 2004. Once indentified to remove or reduce the hazard to an acceptable level as soon as reasonably practicable.
- To join and/or remain in an accredited landlord scheme.
If this Criminal Behaviour Order is breached, then the penalty is a custodial sentence.