Landlord handed huge fine for repeatedly flouting housing rules

A landlord from South Gloucestershire that has repeatedly flouted housing rules has been ordered to pay more than £80,000 in fines. Earlier this month Giuseppe Sutera, also known as Joe Sutera, was fined a further £36,000 after being found guilty of housing offences relating to two properties in Patchway.

Sutera appeared at Bristol Magistrates Court on Monday, April 15, for a second prosecution which was pursued by South Gloucestershire Council’s Private Sector Housing Team (PSHT). He was also ordered to pay over £44,000 for serious housing offences in June 2023, and following his latest conviction, his total fines are now more than £80,000.

Sutera pleaded guilty to offences including operating an unlicensed house in multiple occupation (HMO) and of breaching an Emergency Prohibition Order (EPO). This is in stark contrast to the first time he was prosecuted when at his hearing in June 2023, he refused to identify himself, stating that he was “a man” and that Mr Joe Sutera was “lost at sea”.

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During the recent hearing, the court heard how Sutera was operating an illegal HMO from a two storey semi-detached house in Stroud Road in Patchway. The council was first alerted in March 2023 when it came across an arbitrary payment without an HMO licence application and Sutera was approached a number of times following, where he was invited to make a full and valid HMO licence application, however he failed to do so.

An inspection of the property was arranged, and council officers found a total of 13 tenants including children living in the property in overcrowded rooms. There was no fixed heating in the property, inadequate and unhygienic kitchen facilities, inadequate fire precautions and, in one room, severe damp and mould made worse by high density living, lack of heating and poor insulation.

It was confirmed during an assessment that there were Category 1 hazards for crowding and space, excess cold, fire and food safety and Category 2 hazards for damp and mould and domestic hygiene, pest and refuse. Sutera also failed to engage with officers to discuss the condition of the house meaning two notices were served under the Housing Act 2004, an Overcrowding Notice and an Improvement Notice to make Sutera undertake works at the property.

The court then heard how Sutera was breaching an EPO served by the council relating to a property on Eagle Drive in Patchway. The EPO was served on October 25 2022 and required Sutera to ensure the dwelling was not occupied until a serious fire risk was removed.

This would have involved a reconfiguration of the property including removal of a shared kitchen located in a fire escape route. Sutera was first prosecuted for breaching the EPO in June 2023 and has continued to breach the Order after more than 18 months since it was first served.

The council found that existing tenants were continuing to live in the property and that new tenancies had been set up. New tenants had moved in even since Sutera was prosecuted for breaching the EPO.

The council said it was anxious for the safety of the tenants and carried out visits to advise on potential re-housing and making sure risks of living at the property were understood. Despite this, the property remains occupied and Sutera has made “no apparent effort” to improve safety.

Shaun Fudge, service manager for PSHT, said: “There are approximately 17,000 privately rented properties here in South Gloucestershire, and it’s unacceptable when landlords fail to meet their legal responsibilities in relation to the conditions of the homes they offer for rent. The council’s Private Sector Housing team always endeavours to engage with and work with landlords to bring their properties up to standard, but where this informal approach fails, we are left with no option but to take enforcement action.

“The level of the fines handed out to this landlord acts as a serious warning to others disregarding the rules that they have a legal responsibility to protect their tenants and provide a safe and decent property for them to live in, and if they fail to do this, action will be taken.”

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