Repair order on Edinburgh flat 'not fit for human habitation'

The flat owned by controversial businessman Mark Fortune needs to be made windtight and watertight, a tribunal has ruled

An Edinburgh property business has been ordered to make a string of safety improvements to one of its flats.

Scotland's housing tribunal issued nine requirements to make the property operated by Edinburgh Holiday and Party Lets (EHPL) "fit for human habitation".

The flat is owned by Mark Fortune, a businessman who has been refused entry to Scotland's landlord register.

EHPL lost a bid to appeal the order in a ruling where the firm was described as "deliberately obstructive".

According to the enforcement order, the improvements needed on the flat in the city's Gillespie Crescent include window and roof repairs, gas and electric safety checks and the installation of a carbon monoxide tester.

BBC Scotland previously revealed that flats owned by Mr Fortune have been let out for residential use under the guise of holiday lets without the same protection as ordinary letting agreements.

Former tenants said they were given monthly holiday let contracts to sign, despite making clear they were in Edinburgh to live and work.

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In 2019, City of Edinburgh Council asked Scotland's Housing and Property Chamber - an independent body that deals with rent or repair issues in the private sector - for a ruling regarding property standards at Mr Fortune's Gillespie Crescent property.

EHPL argued the flat was a holiday let and not covered by the duties imposed by Scotland's housing legislation.

The Housing and Property Chamber, also known as First-tier Tribunal for Scotland, ruled that people living in the flat at the time had private residential tenancy agreements.

It also concluded, after inspecting the flat in June last year, that it was "not wind and watertight and in all other respects reasonably fit for human habitation".

Improvements needed on the flat in the city's Gillespie Crescent include window and roof repairs

The tribunal's enforcement order was issued in November last year but EHPL applied to the Upper Tribunal for Scotland for permission to appeal.

All grounds for appeal were rejected on 31 March meaning the original enforcement order stands and the work has to be completed by June.

Both the first-tier and upper tribunal rulings refer to Mr Fortune as the landlord of the Gillespie Crescent flat and at the start of this process he was the sole director of EHPL.

Companies House records show Mr Fortune resigned from EHPL in October, 2020.

Mr Fortune has previously denied that he operates as a landlord and rents out flats.

The businessman said the properties are operated by limited companies, not him personally.

Following the latest order by the housing tribunal, Mr Fortune told BBC Scotland: "The correspondence from both [tribunals] is clear the landlord is Edinburgh Holiday and Party Lets Ltd - my name was only included as the sole director which the upper tribunal has been advised is incorrect. I am not the director."

He added he was "delighted with the ruling" as it meant a communal roof repair at the property could now go ahead.

In 2013, Mr Fortune was refused entry to Scotland's landlord register after being convicted of offences directly relating to his letting business, including threatening tenants.

A City of Edinburgh Council spokesperson said they welcomed the upper tribunal's decision.