Fine not fair, says landlord

David Gibney, of Okus Road, who has rented out a house in Ashford Road for years, says he was in the process of selling the flats and had not carried out work he had been ordered to because the tenants were leaving.

The 35-year-old admitted failing to comply with a notice served by Swindon Council's environmental health department and was fined £1,000 with £1,000 costs by Swindon magistrates.

It was alleged in court that standards at the house were poor with no fire precautions or means of escape in an emergency, a lack of cleaning and maintenance, including filthy toilets and bathrooms, water leaks, damaged ceilings and cables trailing across stairways.

But Mr Gibney believes he was treated unfairly as he had always had a good relationship with the environmental health team.

He says he did not comply because the tenants were moving, so he did not think it mattered legally.

He said: "I think I have been treated as a scapegoat. Before, I have always complied with their wishes. It's like putting a car in for its MoT. They will tell you to do something, so you will do it.

"A week after the environmental health's final visit in September, both the tenants had moved out so I didn't feel I needed to comply with the order as they were aware the house was empty.

"The house was in a mess, but this was caused by the tenants, who were leaving anyway, so I could sell the house."

Magistrates said he had been given instructions and fair warning as to what would happen if conditions did not improve.

Environmental health officer Richard Palacio said the house had been inspected in July and Mr Gibney was given notice.

He told them he was moving the tenants out but when environmental health officers inspected the property on September 10, there were still at least two tenants there and the work had not been carried out.

Mr Palacio said: "If there had been no tenants he would not have been prosecuted."

Jamie Hill