Conviction in fatal overcrowding case

Successful Prosecution of Landlords

Ryan Thompson and Gemma Gillet successfully prosecuted a case on behalf of the London Borough of Tower Hamlets against two landlords who had grossly overcrowded their east London flat in excess of their Multiple Occupation Licence (HMO).  Recorder Smith at Snaresbrook Crown Court issued a confiscation order of £78,049.00 along with a fine of £10,000 and a contribution to costs of £2,000.  The decision was reported by the BBC and The Guardian amongst others.

Case Background

The defendants had been granted a HMO licence for the two bedroom property in August 2022 which allowed for the occupation of the flat by no more than three persons. In the early hours of 5 March 2023 a fire broke out at the property and it became apparent that at least eighteen individuals had been residing there. Tragically one of the occupiers was taken to hospital and died.

Complications Arising from Civil Proceedings and Legal Considerations Under POCA

The matter had been complicated by the fact the occupants of the flat were in the process of issuing civil proceedings against the defendants for loss and damage caused by the fire at the property. The fire was not part these proceedings but is being investigated separately by the fire services. Ordinarily, under section 6 of POCA, the court is under a duty to make a confiscation order if the court concludes the defendant has benefited from his criminal conduct, however in accordance with s6(6) of POCA, in circumstances where any victim of the criminal conduct has or intends to start civil proceedings the court’s duty becomes a discretionary power.

Implications for Local Authorities and Landlords

The case serves as a useful reminder that the POCA powers can be used by local authorities to confiscate assets gained by landlords who breach HMO licences and sends a strong message to any landlords thinking of doing the same.