Landlord's Illegal Profits Confiscated. No Set-off for Notional Income.

Faisal Osman succeeded in a confiscation application on behalf of Haringey Council and recovered the unlawful income of a professional landlord acting in breach of planning law.

The defendant sought to argue that his benefit from criminal conduct ought to be reduced to take into account the notional income that he would have received upon renting his properties out as a single occupancy dwelling or HMO.

The Court rejected the defendant's argument and held that his rights under A1P1 were not engaged.

The defendant was ordered to pay over £310,000 in confiscation and £12,000 in penalties.

Earlier this year, Cllr Nilgun Cnver, Cabinet Member for the Environment, said:

"Hopefully we will now see justice done. The extra rent accrued while people were living in illegally converted flats may now be confiscated. I hope this is a lesson to all landlords who try to take shortcuts or hope to dodge planning laws."

The defendant was first prosecuted and convicted in 2010 when he failed to comply with the enforcement notice. A further prosecution in 2011 resulted in a second conviction.

Subsequent planning inspection visits found no changes to the properties. The defendant was prosecuted and convicted for a third time in January this year. He unsuccessfully appealed his conviction on March 11, arguing he had done all he could to comply with the enforcement notices. The judge dismissed this as 'far too little too late'.