Landlord who is director of estate agency firm hit with £9,000 bill after tenants complain of cold and damp

The director of an estate agency has been ordered to pay almost £9,000 after a court case concerning a rental property that he owns as a landlord.

Simon Weir, a director of Michaels Property Consultants in Essex, is said to have left a family living with roof leaks, rising damp and cold temperatures for over a year.

The property was managed by the firm.

Colchester Borough Council, which reports the case on its website, successfully prosecuted Weir, who was fined £5,000 and ordered to pay £3,700 in costs and a £170 victim surcharge.

According to the council’s website: “The mother and four children privately renting the home had first reported water leaks and dampness – affecting rooms on the ground floor – to the agent in autumn 2015.

“When these problems continued into the winter, the resident contacted the council, who raised concerns with the letting agent.

“No works were carried out, despite the council repeatedly contacting Michaels Property Consultants.

“The agent instead served an eviction notice, putting the family at risk of becoming homeless.

“In May, the council served a Housing Act Improvement Notice requiring works to repair leaks, damp-proof and insulate the house, and repair an unsafe chimney.

“The agent gave the excuse that the works could not be done safely in an occupied property.

“However, no alternative accommodation was offered to the family by them. The repairs were not carried out within the four-month time limit of the notice and further legal investigation work resulted in the case going to Colchester Magistrates Court.

“During the hearing, the tenant’s evidence revealed that it was so cold inside the property that the children had to be taken upstairs to bed at 6pm during the winter.

“Because rain was pouring in through the loft hatch and soaking the light fittings, the mother was too afraid to turn on the upstairs light and was forced to take the children up to bed using the light from her mobile phone.

“Commenting on the case, Councillor Tina Bourne, Portfolio Holder for Housing and Communities, said: ‘We expect landlords and letting agents to follow their own industry guidance which requires them to let homes that are safe and deal quickly with any problems that arise.

‘This case shows that the council will not tolerate poor management practices or poor housing conditions that make residents’ lives a misery and put them at risk of becoming homeless.’”

Yesterday evening, we approached Michaels Property Consultants for comment.

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6 Comments

  1. GPL

    Simon Weir? ……disgraceful, you should hang your head in shame.

    If I had my way, you would spent 5 years living in your own sh*tty rental and your tenants could spend 5 years living in your own home rent free!

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    1. Tinkerbel0182

      What a disgrace to our industry. How on earth could he advise landlords on best practice?! One should always lead by example!

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  2. Naysayer

    If I was the tenant, I would have withheld rent to pay for the repairs myself. He would soon have done something then.

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    1. CountryLass

      Bet there is a clause that says rent can’t be withheld due to lack of repairs (it’s standard in my company’s contracts), and I’d wager he would have served a section 8 notice as soon as he could and taken them to court!

      Shocking behaviour from any landlord, let alone one who is supposed to be a property professional and someone who gives advice to other landlords!

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      1. Ding Dong

        clause would be invalid IMHO.

        A tenant has every right to withhold rent, if services were not as described

        would you pay for a meal, if you only got half?

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  3. P-Daddy

    According to their website ‘
    ‘We aim to change the way you view estate agents’
    That’s one way of upholding peoples views of estate agents…..

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