Ten Capital landlords face court action over illegal let allegations

TEN Edinburgh landlords are facing court action over allegations they have rented homes illegally.

The Crown Office is considering whether to launch prosecutions against the property owners after reports on their activities were handed over by the city council.

The move comes in the wake of four successful prosecutions of landlords over the last eight months after they were accused of failing their tenants.

The most recent saw millionaire landlord Mark Fortune found guilty at Edinburgh Sheriff Court last week for operating a property in Gillespie Crescent without a house in multiple occupation (HMO) licence.

Council chiefs today pledged to continue their blitz to enforce the rules, using tough penalties enacted by the Scottish Government.

The Private Rented Housing (Scotland) Bill, passed by MSPs last week, allows rogue landlords to be hit with a 50,000 fine and a ban on letting flats for up to five years.

Fortune, 42, of Essex Brae in Barnton, was found guilty of allowing five people to live in a flat in Gillespie Crescent.

In other successful prosecutions, Zafar Mahmood pleaded guilty to three charges of operating unregistered lets throughout Edinburgh. William Lennie and Alexanderina Richardson pleaded guilty to seven charges of operating unlicensed houses in multiple occupation and unregistered lets in the Dumbiedykes area in August last year.

Councillor Colin Keir, convener of the council's regulatory committee, said the cases sent out a clear message to rogue landlords.

He said: "Failure to license or register properties is not acceptable. These laws are in place to ensure that properties are safe and well-managed. Landlords who fail to abide by the law cause misery for many through unsafe and poorly managed properties.

"Everyone has the right to a decent standard of living in a safe and secure home and landlords should make sure they provide this. These prosecutions show that we will take action against those landlords who fail to abide by the law.

"We welcome the increased powers being brought in by the Scottish Government and the higher penalties being available to the courts."

Complaints over landlords received by the council range from the unfair loss of deposits, failure to carry out repairs and the poor condition of a property, right through to abusive behaviour and illegal evictions.

There are legal requirements for landlords of private rented residences to register and, in addition, to obtain a licence for any which are let to three or more unrelated tenants.

Housing and Communities Minister Alex Neil MSP also backed the council's actions in the wake of this week's enactment of the private rented housing bill.

He said: "This government recognises the increasing importance of the private rented sector in the current challenging economic climate.

"I want to support and encourage good, honest landlords who provide much-needed high-quality accommodation whilst getting tough on the unscrupulous players."