Landlord who said tenant's child was 'not normal' struck from register

An Edinburgh landlord who called his tenant’s child ‘not normal’ and ‘disabled’ and refused to acknowledge leakage from his property had made a neighbouring flat ‘uninhabitable’ has been struck from the landlord register.

Councillors at Monday’s licensing meeting removed Derek Paton from the register after hearing flooding from one of his rental flats had made the property below uninhabitable, meaning he can no longer let out his five rental units.

During the meeting, Paton said the leakage coming from his property on Alan Breck Gardens, was ‘minimal’, and that a child in his let property jumping on the floor could have been responsible for some debris falling from the ceiling to the floor of the property below.

Council officers had contended that, as a result of their investigations, the condition of Paton’s flat had caused significant damage to the property below.

But Paton denied this, saying his flat played a minimal part in any damage to the flat below his.

He said that the child jumping on furniture in his property, who was ‘not a normal child’, could have caused a small amount of damage to the ceiling below.

Earlier in the meeting, he said that his tenants had a ‘disabled son’ who was ‘causing problems’ in his let property, and that the condition of his flat was ‘perfect’ before the tenants moved in.

Some councillors appeared taken aback at the characterisations Paton made of his tenant’s child.

Liberal Democrat councillor Neil Ross asked Paton if he had informed the council’s private rental sector enforcement team of the information he gave at committee.

Paton replied that he had not. When asked by Cllr Ross, a trading standards officer said Paton had submitted some information to the enforcement team.

He reiterated that investigations of the situation at Paton’s property suggested that damage to the property below had come from his flat.

Green councillor Ross McKenzie said he wanted to see Paton removed from the landlord register, and noted that efforts to remedy the situation had been ongoing for an extended period of time.

Committee convener and Conservative councillor Joanna Mowat said: “We’ve heard two very different versions of events.

“But I think we also have in front of us – I don’t think this committee has seen before – an environmental health issue, uninhabitable properties.

“So I support Councillor McKenzie’s position that we remove the landlord registration from Mr Paton.”

Councillors agreed the decision to strike Paton from the landlord register, meaning he can no longer let out his five properties.

After the decision, Paton asked for information on how he could appeal, with council officers informing him any appeal would be through the courts.