HMO landlord fined for unlicensed flats

A Birmingham HMO landlord was ‘taken for a ride by his son’ which resulted in four of his flats not being properly licensed, a court heard.

Zaman Ali, aged 65, admitted four breaches of Housing Act 2004 regulations relating to four flats contained within Wood End Hall on Wood End Road in Erdington.

At a Birmingham Magistrates Court hearing, held on Thursday, October 22, the court was told Ali and his brother, Karamat Hussain, had purchased the property in 2000 and divided it into 14 one bedroom apartments.

But housing officers from Birmingham City Council discovered national requirements under the selective licensing scheme had not been met.

In mitigation, the court was told all the necessary licences were now in place and that Ali had passed on the direct responsibility for the property to his son who had assured him everything was sorted out. He has since taken back responsibility for them.

Peter Cruickshank, prosecuting for Birmingham City Council, said: “The building contains multiple flats in a selective licensing designated area.

“Land registry identified ownership belonging to both the brothers. Licensing enquiries identified several occupied flats that appeared to need licences but did not have them.

“Selective licensing is a mechanism to regulate private rental housing to ensure minimum standards are maintained.

“Officers identified not just the main tenant but also their families including children.

“There were repeated warning letters sent before prosecution proceedings were started.”

Mr Cruickshank said Ali had previously been sent a penalty notice for an unlicensed property back in 2024 for more than £12,600 which remains unpaid.

Muzir Waheed, defending, said: “Mr Ali delegated responsibility for the flats to his son. His son was receiving all rental income from the properties.

“When selective licensing came into force, Mr Ali passed this on to his son to sort it out. He thought his son was doing what he was supposed to be doing.

“These are one bedroomed flats and are only supposed to be occupied by one person. If they are over-occupied it is not down to him. They were let out on the basis they were one-bedroom flats.

“He was not actively involved in these properties until recently. He was not aware the fine was unpaid and said he would have dealt with it straight away.

“He is very sorry for what has happened and said his son has taken him for a ride here.”

Ali had pleaded not guilty to nine other charges while Karamat Hussain pleaded not guilty to all 13 similar charges put to him. No evidence was offered by the council for these and they were all dismissed.

Magistrates fined Ali £630 and ordered him to pay a victim surcharge of £252 and prosecution costs of £1,231.90.

By Gurdip Thandi | Local Democracy Reporting Service