Landlord and mechanic ignored prohibition and improvement notices and received a string of penalties including 2 suspended sentences.

Mechanic and landlord Mustafa Kemal Mustafa was disqualified as a director for six years, received two suspended custodial sentences, 300 hours unpaid work and ordered to pay £8,000 in costs and after refusing to comply with enforcement notices issued by the Health and Safety Executive (HSE) and Kent Fire and Rescue Service.

The circumstances were:

• In 2017 HSE received concerns that workers were accessing the dangerous unguarded flat roof of The Convent of Mercy in Swanley. 
• Mr Mustafa was the landlord of The Convent, a house of multiple occupancy (HMO). 
• The premises were also being used to store car parts for Smartworld; a car repair and sales business owned by Mustafa Kemal Mustafa. 
• HSE issued seven enforcement notices, covering unsafe working at height, dangerous electrical installations, flammable risks and machinery guarding.
• Mr Mustafa deliberately ignored prohibition and improvement notices served by the HSE and continued to put himself, workers and members of the public at risk.

The HSE inspector said:
“HSE is dedicated to ensuring that business owners and landlords operate within the law and provide safe accommodation for tenants and a safe place to work for employees. We do not tolerate disregard for health and safety and consider the non-compliance of HSE enforcement notices as a serious offence. In this case 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. Wherever possible we continue to work with companies to improve health and safety. However, we will not hesitate to take enforcement action where necessary and prosecute individuals and businesses who ignore warnings and the law.”