Suspended sentences after rental property carried “risk of death”

Two suspended sentences, community service, a fine and disqualification from being a director - those form the penalty for a rogue landlord guilty of letting out a property as a dangerous and illegal hostel.

After three years of serving prohibition notices and bringing the case through the courts, Kent Fire and Rescue Service and the Health and Safety Executive jointly brought legal action against the landlord, Mustafa Kemal Mustafa of Bromley. 

Mustafa ignored fire service notices which prohibited the use of a first floor kitchen and residential accommodation for living or sleeping, at a property in Swanley. 

Following an investigation, significant defects within the building’s fire detection system were also identified.

He pleaded guilty to a string of offences including failure to comply with prohibition notices, non-compliance with the Health and Safety at Work Act 1974 and breaches of the Electricity at Work Regulations 1989 and Work at Height Regulations 2005.

Mustafa was sentenced to an 11 month custodial sentence, suspended for two years for the prohibition order offences. This is to run concurrently with the sentence for the remaining offences, which was a 13 month custodial sentence, suspended for two years.

In addition, he must serve 300 hours unpaid community service over 15 months, is disqualified from being a company director, and must pay £3,000 costs to KFRS and £5,000 costs to the HSE.

HSE Inspector Joanne Williams says: “Mr Mustafa chose to flagrantly ignore the support, guidance and warnings from HSE to assist his compliance with the law and continued placing people at serious risk of injury or even death.”