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St Andrews landlord faces jail term for letting student flats without HMO licences

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A rogue landlord who provided accommodation for students in St Andrews without securing appropriate registration documents has been warned he faces up to a year in jail.

At Cupar Sheriff Court Daniel Eaton admitted 10 charges including breaches of the Anti-Social Behaviour Act and contraventions of HMO (Homes in Multiple Occupation) Licensing laws.

The 36-year-old, of Learmonth Place in St Andrews, let or attempted to let a number of properties in various locations including Sandyhill Road, Largo Road and Lamond Drive without the correct documentation. All the offences date to September 2010.

Eaton’s defence agent, Douglas Williams, said the breaches could be attributed to bureaucratic bungling on the accused’s part.

However, Sheriff Charles Macnair ruled the offences had taken place “on a massive scale.” He warned Eaton he faced a very heavy financial penalty or up to 12 months in jail.

In one instance the accused gave three students permission to occupy a home he owned in Sandyhill Road without having secured an HMO licence.

He further pled guilty to allowing a further five students to live in one of his properties on Largo Road, again without the appropriate licence.

On several occasions Eaton failed to register with the local authority while continuing to let residential properties.

Mr Williams insisted the offences were effectively born of maladministration on his client’s part. The solicitor said Eaton was trying to manage a number of homes when things began to spiral out of control.Administration error”He had a portfolio of properties…and things started to unravel somewhat,” Mr Williams told the court. “Mr Eaton has been guilty of maladministration.”

Mr Williams advised the court that all but one of the properties involved had now been subjected to “calling up” notices, which effectively means the mortgage agreement has been ended, leaving the accused to repay the full loan amount.

Sheriff Macnair said that, if Eaton was indeed guilty of maladministration, then it had been “on a massive scale.”

He added that he may be able to deal with the offences by way of a “very substantial” fine.

However, the sheriff also warned Eaton that he could alternatively face a 12-month jail term.

Sentence was deferred until June 2 to allow for further financial information to be obtained.

Photo used under Creative Commons licence courtesy of Flickr user Phil Hawksworth.