A LANDLORD who failed to fix hot water in a flat occupied by a cancer patient has been fined.

Elizabeth Blessing Smith, 32, was served with an improvement notice by Colchester Council on March 22.

She was told to fix a leakywater heater at a flat in her name, in Groves Close, Mile End, which had been disconnected from the system in December.

The issue was first raised last November, but the water heater was still not replaced by May 4.

The tenant, who was a cancer patient at St Helena Hospice and was going through chemotherapy, was eventually re-homed by Colchester Council.

Steven Fitzpatrick, prosecuting for the council, detailed a series of letters between housing officer Helena Russell and the landlord, which set out the problems and asked for them to be resolved.

Blessing Smith, of Dyne Road, Kilburn, north London, denied not complying, but the case was found proved.

She told the court her mum, Elizabeth Sweeney, managed the property on her behalf as she was dyslexic and could not understand the paperwork.

The psychology student and part-time beauty therapist scanned letters about the house and e-mailed them to her mother, who bought the property for her six years ago.

Ms Sweeney told Colchester Magistrates’ Court there was an on-going dispute between the landlord, the management company of the block of homes and the developer which built them, as to who should fix the fault.

She denied doing nothing about the problem and said it was in the hands of the developer’s insurers.

Mrs Sweeney said: “I am not a cold-blooded person and I did not know at the time she was in bad health.

“In hindsight and if I had had the money, I would have fixed it.”

David Collins, defending, said: “Mrs Sweeney was bounced from pillar to post and had a legitimate expectation it was not her who had to deal with it straight away.”

Chairman of the bench Margaret MacAllan said: “Ignorance is no defence in law. Responsibility rests with the landlord.

“We don’t accept her assertion all matters were dealt with by her mother as this was contradicted by her mother who said they speak regularly.

“There was ample warning of the action required and possible consequences of non-compliance and there was sufficient notice and time to arrange for the work to be completed.

“The dispute between companies is a separate issue.”

  • Magistrates fined Blessing Smith £250, ordered her to pay £200 compensation to the tenant and £325 towards the prosecution costs, as well as a victim surcharge of £25.