Landlady hit by second confiscation order over sub-division of property and failure to comply with enforcement notices

Barking and Dagenham Council has obtained a second confiscation order against a landlady who illegally converted her property into two separate flats and continued to ignore enforcement notices.

The background to the case was that in 2015 planning enforcement officers from the local authority became aware that a five-bedroom property in Dagenham had been sub-divided to form two separate flats without acquiring the necessary planning permission.

An enforcement notice, under the Town & Country Planning Act, was issued to the owner, Titilola Oyejole, prohibiting the use as two separate units of accommodation and requiring it to be restored to a single dwelling.

The notice was the subject of an unsuccessful appeal to the Planning Inspectorate and the requirements of the notice should have been achieved by April 2016.

In November 2016, officers from the council’s Special Investigations Team visited the premises and found that it remained two self-contained flats with tenants in one of the flats and the other being occupied by the owner.

Oyejole was summoned to Snaresbrook Crown Court on 4 July 2018 where she was ordered to pay a fine of £200, costs to Barking and Dagenham Council of £4,203 and a victim surcharge of £30. Additionally, a confiscation order under the Proceeds of Crime Act was made in the sum of £19,784. 

The total amount equalled £24,217.

Following the court date, work was carried out at the property and a first floor was knocked through, returning the property back to its original five-bed single property.

In May 2018, Oyejola applied to the council for a property licence to rent the property out.

As the enforcement notice remains in perpetuity a planning enforcement officer also attended the inspection with the council’s Private Sector Housing Team.

The officers found that, despite Oyejola’s previous conviction, the property had once again been divided into two units of accommodation by installing a locked door where the first-floor wall had been opened through.

One of the flats was occupied by tenants and the other by the owner.  “The officer’s found that the tenant’s flat was in poor condition with water ingress and rodent infestation and as a result, improvement notices were issued,” Barking and Dagenham said.

On 12 September 2023, Oyejola appeared at Barkingside Magistrates Court and pleaded not guilty to the three alleged offences:  failing to comply with the requirements of the planning enforcement and failing to comply with two notices concerning the condition of the property and the rodent infestation.

The Magistrates convicted her on all three counts.

Oyejola subsequently attended Snaresbrook Crown Court this month 2024, where she was ordered to pay a fine of £7,500 for the Town & Country Planning offence, £500 for each of the improvement notice offences as well as costs to the council of £4,920.50.

Additionally, a Proceeds of Crime Act confiscation order was made in the sum of £51, 983.24p which is to be paid within three months with a sentence of 15 months imprisonment if she defaults.

In total Oyejola will need to pay out a total of £78,620.

Gary Jones, Barking and Dagenham’s Operational Director, Enforcement, Regulatory and Community Safety, said: “This case shows that we always take necessary steps to safeguard tenants making sure that landlords do not benefit financially from illegal activity.”