Thurrock Council court action to move tenants out of dangerous property could prove to be a lifesaver

By Neil Speight

14th May 2021 | Local News

A COURT order may prove to be a lifesaver after Thurrock Council acted to bring the operators of a dangerous house of multiple occupancy to heel – and forced tenants who refused to move to leave the premises.

The council has been successfully granted with an interim injunction by the High Court to prevent residents living in an unsafe house in multiple occupation (HMO), in what is believed to be a UK first.

A property is a house in multiple occupation if both of the following apply:

• at least three tenants live there, forming more than one household

• residents share toilet, bathroom or kitchen facilities with other tenants

Though the exact location of the property has not been publicised by the council, it says it is in Grays, where its tenants were in real danger.

The interim injunction has been granted against two residents who had continued to live in the property despite warnings about a number of extreme hazards being identified at the property, including risk of fire and inadequate means of escape.

It is believed to be the first injunction of its kind to be granted in the UK where the injunction has been used to prevent occupation of a property for not complying with a prohibition order.

Council leader Rob Gledhill said: "This is a significant achievement for Thurrock Council. We will continue to lead by example and find alternative solutions where failure to comply with the original order would have usually lead to prosecution proceedings against the residents who would remain in unsafe conditions.

"The residents living in the building were being treated unfairly and were enticed by cheap rent in exchange for not only poor but dangerous living conditions.

"The council's swift action meant we were able to ensure they moved out of a dangerous property. This High Court decision could lead the way for other authorities who may find themselves in the same situation to use our judgment as case law."

The council originally identified the hazards and served a prohibition order on the property on Thursday, 10 December 2020. The property had been sub-let as a HMO to at least eight people and it was later discovered that the back of the premises had also been occupied and posed dangerous Category One hazards.

The order prohibited the property as a residential dwelling and a number of sub-tenants vacated and accepted support from the council with rehousing.

The two occupants who remained at the HMO against the terms of the order have been ordered by the High Court judge to vacate the property within 14 days. The council will assist in finding them alternative accommodation.

The council is inviting anyone with concerns about HMOs to gain more information and report them via via this link or contact the council's private housing team if you need help resolving an issue about a HMO.

     

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