Agency sentenced after illegally overcrowding properties and harassing tenants

Portsmouth Crown Court heard that the agency operated numerous properties on a rent-to-rent basis, where landlords hand over the management of their homes to a letting agency.

Portsmouth City Council officers became suspicious that the homes were not correctly licensed and were overcrowded. Attempts to inspect the properties were initially blocked, as tenants had been instructed by the agency Elite Rooms Portsmouth to deny access to council officers.

The council obtained warrants from the magistrates court to forcibly gain entry. Inspections confirmed that the properties were unlicensed HMOs. Following this, the agency’s director began harassing tenants and attempting to evict them without following the legal process.

The director admitted multiple charges, including breaches of the Protection from Eviction Act 1977, managing unlicensed HMOs, and failing to comply with HMO management regulations.

For the harassment and eviction offences, the director Shahed Ahmed was sentenced to 200 hours of community service and ordered to pay a £114 victim surcharge.

The agency was fined £1,000 and ordered to pay more than £9,000 in costs to the council.

For failing to licence the properties, the director was personally fined £19,150, and the agency was ordered to pay an additional £5,750.

In sentencing, the judge told the director: "You were in a position of power, you held the keys to the roof over their heads, they were vulnerable and didn’t know their rights.

“Officers from the local authority were perfectly entitled to enter the property to ensure the occupants' welfare, something you as a landlord should also have been doing."

The properties are now being managed directly by their owners. Tenants have been compensated with the equivalent of two months’ rent.

Councillor Lee Hunt, cabinet member for community safety, said: "The council will continue to prosecute rogue landlords and agents, who break HMO rules, to protect tenants and neighbours alike. Homes that aren't correctly licensed or overcrowded will be found out, and we will use the full force of the law.”

Every HMO in the city needs a licence. Landlords can apply on the council website or contact the licensing team at 023 9284 1659 or [email protected] for help.