Landlord fined for putting lives at risk (From Daily Echo)
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Landlord in Shirley fined for putting lives at risk
10:50am Monday 11th March 2013 in News
FINED: Landlord Kenth outside court.
HE took taxpayers’ money so residents on social security could live in his Southampton flat.
But while Mohinder Singh Kenth was being paid housing benefit as rent for his tenants, their lives were being put at risk through a catalogue of fire safety breaches.
Broken fire doors and a defective fire alarm were found when police uncovered “dangerous” conditions at the 61-year-old’s property in St Mary’s Road.
Now Kenth, of Atherley Road, Shirley, has been fined £8,000 after being found guilty of breaching a string of fire safety regulations.
He had pleaded not guilty to charges against him and after the case at Southampton Magis-trates’ Court, insisted he had done nothing wrong.
District Judge Anthony Callaway heard how fire investigators found a defective fire alarm, broken fire doors and an absence of a clear evacuation procedure.
Senior members of Hampshire Fire and Rescue Service said conditions inside were “dangerous”, claiming that “lives could be lost” in the event of a blaze.
The hazards were discovered on May 1, 2011, when police were called to the property following reports of a fight. Officers recognised that the fire door was off its hinges and fire chiefs were called to examine the property.
Station manager David Marshall said the damage to the door did not look like “something that had occurred in the last few minutes” as a result of the fight.
The court heard how Kenth and business partner Peter Chungh bought two properties in St Mary’s Road in the early 1990s with plans to make one property.
Although those plans did not come to fruition, Southampton City Council would pay housing benefit for occupants to the business partners.
Kenth’s long-term friend David Nand said in court how Kenth looked after one flat while Mr Chungh owned another.
But Mr Chungh was diagnosed with dementia in 2007 and power of attorney given to his children a year later. He died in August 2011.
Prosecuting, Klentiana Mahnwtaz said council documents showed Kenth as licensee of the building until 2010, and the court heard handymen were asked by Kenth to work on the property after the May 1 incident.
Francesca Lewington, defending Kenth, said her client disputed responsibility for maintenance of his flat after Mr Chungh’s death, believing control of the property was with Mr Chungh’s daughter.
She added: “He came to this country from Kenya and worked at a bakery and ran several jobs at once to get into this position.
“As well as running a post office, he is involved in charitable work, is involved in the Sikh temple and a director of the regeneration project in St Mary’s.”
Judge Callaway said: “This is a serious breach.”
Kenth was cleared of charges that a prohibition notice placed on his flat by the fire service on May 1, 2011, was breached twice. Afterwards he told the Daily Echo: “I strongly believe I am not guilty. “I have not done anything wrong.”
Comments(33)
chrisja
says...
11:41am Mon 11 Mar 13
sarfhamton
says...
12:11pm Mon 11 Mar 13
I do it because its the safe thing to do and it is also the law.
The council are subsiding scumbag landlords all over the city and never ask even for as much as a gas safety certificate.
Rockhopper
says...
12:35pm Mon 11 Mar 13
Unfortunately there are many more properties in this area which landlords
are failing to maintain to the legal standard.
Like 'sarfhamton' says why are SCC not being proactive in checking the safety of privately rented properties?
It's not rocket science to drive down Bevois Valley and see that Denzil & Cranbury Avenue would be a good place to start.
They seem more than happy to pay out thousands in benefits to subsidise the landlords of these slums.
Georgem
says...
12:51pm Mon 11 Mar 13
userds5050
says...
2:02pm Mon 11 Mar 13
Georgem wrote:I think the insinuation is because the tenants are in receipt of HB they're less likely to kick up a fuss about a dodgy fire escape ect... Than someone paying the rent out of their own pocket.
Not really sure what relevance housing benefit has to the story. Just more of the Echo trying to stir up taxpayer anger, I suppose.
bigfella777
says...
2:07pm Mon 11 Mar 13
Donald2000
says...
2:13pm Mon 11 Mar 13
bigfella777 wrote:No it would not; that would just encourage landlords to evict because of non payment of rent. What happened to your brains?
Stop housing benefit payments full stop, then we would see an end to all this.
Rockhopper
says...
2:29pm Mon 11 Mar 13
Private landlords know they can still let property in poor condition due to the demand.
Often those on benefits are the most vunerable so would be in fear of losing their accommodation if they were to complain about defects.
Also within the St Marys area there is a large foreign community who simply are not aware of the minimum legal standards they should expect from privately rented accommodation.
Landlords are simply exploiting both vunerable benefit tenants and those from abroad.
Paramjit Bahia
says...
2:55pm Mon 11 Mar 13
So police officers deserve apperciation.
But what about the authorities which had been paying out of public purse as rent for place highly dangerous for tenants? Why do they not make check on places before allowing shark landlords lose to exploit people desperate for roof on their heads?
While there may be some decent landlords around, unfortunately there are too many realy bad ones like this around. Council should be going after them without fear or favours, just because some may also be sitting on some committees or running some other supposedly respectable business or involved in certain religious organisation.
Finally it is bit cheeky of rightly fined by court landlord Kenth to say that he strongly feels he is not guilty. Judgements in this country are passed by the courts, which has very rightly fined him. If he thinks he has not done anything wrong then why has he not appealed to higher court? Could there be some reason like Huhune?
bigfella777
says...
3:01pm Mon 11 Mar 13
Donald2000 wrote:Exactly, go to work and earn your rent like the rest of the world has to.
bigfella777 wrote:No it would not; that would just encourage landlords to evict because of non payment of rent. What happened to your brains?
Stop housing benefit payments full stop, then we would see an end to all this.
IronLady2010
says...
3:13pm Mon 11 Mar 13
A Landlords role is to allow his/her tenants privacy and be there when things go wrong.
Why has it taken the Police to report this after a fight, what happened to the Tenants asking the Landlord to fix the issues before hand?
I actually know this Landlord and he is a kind Gentleman.
Paramjit Bahia
says...
3:17pm Mon 11 Mar 13
bigfella777 wrote:Those who work also have to face similar problems with lousy landlords.
Donald2000 wrote:Exactly, go to work and earn your rent like the rest of the world has to.
bigfella777 wrote:No it would not; that would just encourage landlords to evict because of non payment of rent. What happened to your brains?
Stop housing benefit payments full stop, then we would see an end to all this.
It is all about sharks exploiting the natural need of people for roof over their heads.
Paramjit Bahia
says...
3:36pm Mon 11 Mar 13
IronLady2010 wrote:I know him as well.
Surely it's the responsibility of the Tenants to advise the Landlord of problems.
A Landlords role is to allow his/her tenants privacy and be there when things go wrong.
Why has it taken the Police to report this after a fight, what happened to the Tenants asking the Landlord to fix the issues before hand?
I actually know this Landlord and he is a kind Gentleman.
He may be kind gentleman to you but court of law's judgement has proved him to be very bad landlord.
We don't know if the tenants requested for repairs or not, but if he was a decent landlord then why did he not keep an eye on dangerous state of his property?
What type of 'kind gentleman' will be able to live with his conscience while minting money through exposing humans to fire hazards?
Surely you are not upset because the alert police officers have done the right thing by contacting correct authorities to make sure the people live in safe conditions, as required under the law?
IronLady2010
says...
3:41pm Mon 11 Mar 13
Paramjit Bahia wrote:I fully agree with properties being kept in good condition. But, Let's assume you lived in a rented accommodation, would you want the Landlord coming round every day or week to inspect?
IronLady2010 wrote:I know him as well.
Surely it's the responsibility of the Tenants to advise the Landlord of problems.
A Landlords role is to allow his/her tenants privacy and be there when things go wrong.
Why has it taken the Police to report this after a fight, what happened to the Tenants asking the Landlord to fix the issues before hand?
I actually know this Landlord and he is a kind Gentleman.
He may be kind gentleman to you but court of law's judgement has proved him to be very bad landlord.
We don't know if the tenants requested for repairs or not, but if he was a decent landlord then why did he not keep an eye on dangerous state of his property?
What type of 'kind gentleman' will be able to live with his conscience while minting money through exposing humans to fire hazards?
Surely you are not upset because the alert police officers have done the right thing by contacting correct authorities to make sure the people live in safe conditions, as required under the law?
I have rented property in the past and always allowed my Tenants privacy and advised them that any problems phone me.
It is also within the Tenancy agreement that Tenants are obliged to notify the Landlord of any defects etc.
HillsidePaul
says...
3:47pm Mon 11 Mar 13
IronLady2010 wrote:So if someone who doesn't understand their rights or isn't an expert in fire safety doesn't report something to the landlord it's their fault if they die in a fire!
Surely it's the responsibility of the Tenants to advise the Landlord of problems.
A Landlords role is to allow his/her tenants privacy and be there when things go wrong.
Why has it taken the Police to report this after a fight, what happened to the Tenants asking the Landlord to fix the issues before hand?
I actually know this Landlord and he is a kind Gentleman.
I don't think you really thought that one through.
The law is very clear, if you wish to profit from renting a property out YOU are responsible for meeting and maintaining the legal safety requirements of the property.
Ben Durutti
says...
3:48pm Mon 11 Mar 13
IronLady2010 wrote:Naive to assume that just because tenants report hazards and defects that the landlord will respond to these requests.
Surely it's the responsibility of the Tenants to advise the Landlord of problems. A Landlords role is to allow his/her tenants privacy and be there when things go wrong. Why has it taken the Police to report this after a fight, what happened to the Tenants asking the Landlord to fix the issues before hand? I actually know this Landlord and he is a kind Gentleman.
IronLady2010
says...
3:56pm Mon 11 Mar 13
HillsidePaul wrote:I do agree with you. But if a Landlord lets a property which was in good condition upon the start of the Tenancy, the contract will place the responsibility upon the Tenant to report any faults.
IronLady2010 wrote:So if someone who doesn't understand their rights or isn't an expert in fire safety doesn't report something to the landlord it's their fault if they die in a fire!
Surely it's the responsibility of the Tenants to advise the Landlord of problems.
A Landlords role is to allow his/her tenants privacy and be there when things go wrong.
Why has it taken the Police to report this after a fight, what happened to the Tenants asking the Landlord to fix the issues before hand?
I actually know this Landlord and he is a kind Gentleman.
I don't think you really thought that one through.
The law is very clear, if you wish to profit from renting a property out YOU are responsible for meeting and maintaining the legal safety requirements of the property.
If the Tenant allows the property to fall below standard without reporting it then it's becomes their Tenants responsibility.
The Tenancy agreement would state this.
IronLady2010
says...
4:00pm Mon 11 Mar 13
IronLady2010 wrote:Do the Council come out and inspect homes daily? No, they rely on the Tenants to report faults, but will inspect properties at intervals as to allow their Tenants privacy.
HillsidePaul wrote:I do agree with you. But if a Landlord lets a property which was in good condition upon the start of the Tenancy, the contract will place the responsibility upon the Tenant to report any faults.
IronLady2010 wrote:So if someone who doesn't understand their rights or isn't an expert in fire safety doesn't report something to the landlord it's their fault if they die in a fire!
Surely it's the responsibility of the Tenants to advise the Landlord of problems.
A Landlords role is to allow his/her tenants privacy and be there when things go wrong.
Why has it taken the Police to report this after a fight, what happened to the Tenants asking the Landlord to fix the issues before hand?
I actually know this Landlord and he is a kind Gentleman.
I don't think you really thought that one through.
The law is very clear, if you wish to profit from renting a property out YOU are responsible for meeting and maintaining the legal safety requirements of the property.
If the Tenant allows the property to fall below standard without reporting it then it's becomes their Tenants responsibility.
The Tenancy agreement would state this.
Paramjit Bahia
says...
4:15pm Mon 11 Mar 13
IronLady2010 wrote:I suppose you are assuming what was in agreement, if that was legally binding situation the Court would have considered it.
HillsidePaul wrote:I do agree with you. But if a Landlord lets a property which was in good condition upon the start of the Tenancy, the contract will place the responsibility upon the Tenant to report any faults.
IronLady2010 wrote:So if someone who doesn't understand their rights or isn't an expert in fire safety doesn't report something to the landlord it's their fault if they die in a fire!
Surely it's the responsibility of the Tenants to advise the Landlord of problems.
A Landlords role is to allow his/her tenants privacy and be there when things go wrong.
Why has it taken the Police to report this after a fight, what happened to the Tenants asking the Landlord to fix the issues before hand?
I actually know this Landlord and he is a kind Gentleman.
I don't think you really thought that one through.
The law is very clear, if you wish to profit from renting a property out YOU are responsible for meeting and maintaining the legal safety requirements of the property.
If the Tenant allows the property to fall below standard without reporting it then it's becomes their Tenants responsibility.
The Tenancy agreement would state this.
So without any disrespect to you I rather respect the verdict delivered by the judge.
Then apart from legality there is also something called morality, which is rare when it comes to most if not all landlords.
As HSP has very rightly pointed out it is responsibility of the landlord. Mohinder Kenth failed that test in the court of law, so very rightly got fined.
Period.
This case is less than even tip of iceberg. There are too many bad landlords, few good ones should be condemning them rather than mitigating for blood sucking enemies of humanity, and authorities cracking hard without considering so called social status of people in this business.
IronLady2010
says...
4:25pm Mon 11 Mar 13
Paramjit Bahia wrote:I have to agree with you and respect the decision of the Judge.
IronLady2010 wrote:I suppose you are assuming what was in agreement, if that was legally binding situation the Court would have considered it.
HillsidePaul wrote:I do agree with you. But if a Landlord lets a property which was in good condition upon the start of the Tenancy, the contract will place the responsibility upon the Tenant to report any faults.
IronLady2010 wrote:So if someone who doesn't understand their rights or isn't an expert in fire safety doesn't report something to the landlord it's their fault if they die in a fire!
Surely it's the responsibility of the Tenants to advise the Landlord of problems.
A Landlords role is to allow his/her tenants privacy and be there when things go wrong.
Why has it taken the Police to report this after a fight, what happened to the Tenants asking the Landlord to fix the issues before hand?
I actually know this Landlord and he is a kind Gentleman.
I don't think you really thought that one through.
The law is very clear, if you wish to profit from renting a property out YOU are responsible for meeting and maintaining the legal safety requirements of the property.
If the Tenant allows the property to fall below standard without reporting it then it's becomes their Tenants responsibility.
The Tenancy agreement would state this.
So without any disrespect to you I rather respect the verdict delivered by the judge.
Then apart from legality there is also something called morality, which is rare when it comes to most if not all landlords.
As HSP has very rightly pointed out it is responsibility of the landlord. Mohinder Kenth failed that test in the court of law, so very rightly got fined.
Period.
This case is less than even tip of iceberg. There are too many bad landlords, few good ones should be condemning them rather than mitigating for blood sucking enemies of humanity, and authorities cracking hard without considering so called social status of people in this business.
Sometimes I feel we are harsh on Landlords. Yes, they have a duty to ensure their properties are maintained, but at the same time have to allow their tenants privacy and rely on them to report faults.
As you rightly state, I don't know what the Tenancy agreement contained, but I assume it would be a standard Tenancy which places responsibility upon the Tenants to report faults.
I don't know if these faults had been reported, if they had then shame on the Landlord. But let's be honest not all Tenants are little darlings ;-)
Inform Al
says...
4:50pm Mon 11 Mar 13
Rockhopper
says...
5:46pm Mon 11 Mar 13
It wouldn't be difficult to compile a list of properties and ensure the various legal
requirements/certifi
cates have been met by the landlord.
After all it's only a short walk across the park from your Council Offices to St Marys?
RC of CFord
says...
5:55pm Mon 11 Mar 13
bigfella777 wrote:Some people are forced into a situation where they have to be on benefits and take properties like this as this is all that is available. Lets hope you never find yourself in a situation like that.
Donald2000 wrote:Exactly, go to work and earn your rent like the rest of the world has to.
bigfella777 wrote:No it would not; that would just encourage landlords to evict because of non payment of rent. What happened to your brains?
Stop housing benefit payments full stop, then we would see an end to all this.
Georgem
says...
6:17pm Mon 11 Mar 13
Inform Al
says...
6:43pm Mon 11 Mar 13
Rockhopper wrote:If this post was aimed at mine I should point out that I do not live in the St Mary's area and the nearest Local Housing Office, on the rare occasions it is open, to the sheltered accommodation in which I reside is over 4 miles distant. Also the council is supposed to inspect all voids before re-letting. In my case they failed twice, that's a 100% record.
Unless the Local Authority actively inspect properties landlords will continue to avoid the legal requirements of letting a property.
It wouldn't be difficult to compile a list of properties and ensure the various legal
requirements/certifi
cates have been met by the landlord.
After all it's only a short walk across the park from your Council Offices to St Marys?
Paramjit Bahia
says...
6:58pm Mon 11 Mar 13
IronLady2010 wrote:Yes I accept that all tenants may not be little darlings, as in every walk of life there are both good and bad people.
Paramjit Bahia wrote:I have to agree with you and respect the decision of the Judge.
IronLady2010 wrote:I suppose you are assuming what was in agreement, if that was legally binding situation the Court would have considered it.
HillsidePaul wrote:I do agree with you. But if a Landlord lets a property which was in good condition upon the start of the Tenancy, the contract will place the responsibility upon the Tenant to report any faults.
IronLady2010 wrote:So if someone who doesn't understand their rights or isn't an expert in fire safety doesn't report something to the landlord it's their fault if they die in a fire!
Surely it's the responsibility of the Tenants to advise the Landlord of problems.
A Landlords role is to allow his/her tenants privacy and be there when things go wrong.
Why has it taken the Police to report this after a fight, what happened to the Tenants asking the Landlord to fix the issues before hand?
I actually know this Landlord and he is a kind Gentleman.
I don't think you really thought that one through.
The law is very clear, if you wish to profit from renting a property out YOU are responsible for meeting and maintaining the legal safety requirements of the property.
If the Tenant allows the property to fall below standard without reporting it then it's becomes their Tenants responsibility.
The Tenancy agreement would state this.
So without any disrespect to you I rather respect the verdict delivered by the judge.
Then apart from legality there is also something called morality, which is rare when it comes to most if not all landlords.
As HSP has very rightly pointed out it is responsibility of the landlord. Mohinder Kenth failed that test in the court of law, so very rightly got fined.
Period.
This case is less than even tip of iceberg. There are too many bad landlords, few good ones should be condemning them rather than mitigating for blood sucking enemies of humanity, and authorities cracking hard without considering so called social status of people in this business.
Sometimes I feel we are harsh on Landlords. Yes, they have a duty to ensure their properties are maintained, but at the same time have to allow their tenants privacy and rely on them to report faults.
As you rightly state, I don't know what the Tenancy agreement contained, but I assume it would be a standard Tenancy which places responsibility upon the Tenants to report faults.
I don't know if these faults had been reported, if they had then shame on the Landlord. But let's be honest not all Tenants are little darlings ;-)
But in my experience of having looked into many cases, during my active participation in public life, I came across many bad private landlords and only few bad tenants.
If Local authority's officers do more regular inspections of let properties, not only unbiased picture will emerge, but they could also have better knowledge about who are the bad landlords, and few other badies they are dealing with.
Real answer to the problem is to resolve the shortage of housing, which even Tory Prime Minister McMillan knew how to resolve, building affordable council houses. Sadly even party of Attlee who started that programme failed to appreciate that when they were in power for 13 years, and current crop in power is hardly any different.
IronLady2010
says...
7:33pm Mon 11 Mar 13
Paramjit Bahia wrote:If only Tenants read the agreement that they sign and work in partner with the Landlord eh?
IronLady2010 wrote:Yes I accept that all tenants may not be little darlings, as in every walk of life there are both good and bad people.
Paramjit Bahia wrote:I have to agree with you and respect the decision of the Judge.
IronLady2010 wrote:I suppose you are assuming what was in agreement, if that was legally binding situation the Court would have considered it.
HillsidePaul wrote:I do agree with you. But if a Landlord lets a property which was in good condition upon the start of the Tenancy, the contract will place the responsibility upon the Tenant to report any faults.
IronLady2010 wrote:So if someone who doesn't understand their rights or isn't an expert in fire safety doesn't report something to the landlord it's their fault if they die in a fire!
Surely it's the responsibility of the Tenants to advise the Landlord of problems.
A Landlords role is to allow his/her tenants privacy and be there when things go wrong.
Why has it taken the Police to report this after a fight, what happened to the Tenants asking the Landlord to fix the issues before hand?
I actually know this Landlord and he is a kind Gentleman.
I don't think you really thought that one through.
The law is very clear, if you wish to profit from renting a property out YOU are responsible for meeting and maintaining the legal safety requirements of the property.
If the Tenant allows the property to fall below standard without reporting it then it's becomes their Tenants responsibility.
The Tenancy agreement would state this.
So without any disrespect to you I rather respect the verdict delivered by the judge.
Then apart from legality there is also something called morality, which is rare when it comes to most if not all landlords.
As HSP has very rightly pointed out it is responsibility of the landlord. Mohinder Kenth failed that test in the court of law, so very rightly got fined.
Period.
This case is less than even tip of iceberg. There are too many bad landlords, few good ones should be condemning them rather than mitigating for blood sucking enemies of humanity, and authorities cracking hard without considering so called social status of people in this business.
Sometimes I feel we are harsh on Landlords. Yes, they have a duty to ensure their properties are maintained, but at the same time have to allow their tenants privacy and rely on them to report faults.
As you rightly state, I don't know what the Tenancy agreement contained, but I assume it would be a standard Tenancy which places responsibility upon the Tenants to report faults.
I don't know if these faults had been reported, if they had then shame on the Landlord. But let's be honest not all Tenants are little darlings ;-)
But in my experience of having looked into many cases, during my active participation in public life, I came across many bad private landlords and only few bad tenants.
If Local authority's officers do more regular inspections of let properties, not only unbiased picture will emerge, but they could also have better knowledge about who are the bad landlords, and few other badies they are dealing with.
Real answer to the problem is to resolve the shortage of housing, which even Tory Prime Minister McMillan knew how to resolve, building affordable council houses. Sadly even party of Attlee who started that programme failed to appreciate that when they were in power for 13 years, and current crop in power is hardly any different.
Rockhopper
says...
7:56pm Mon 11 Mar 13
Inform Al wrote:'Inform Al' the post was not aimed at you.
Rockhopper wrote:If this post was aimed at mine I should point out that I do not live in the St Mary's area and the nearest Local Housing Office, on the rare occasions it is open, to the sheltered accommodation in which I reside is over 4 miles distant. Also the council is supposed to inspect all voids before re-letting. In my case they failed twice, that's a 100% record.
Unless the Local Authority actively inspect properties landlords will continue to avoid the legal requirements of letting a property.
It wouldn't be difficult to compile a list of properties and ensure the various legal
requirements/certifi
cates have been met by the landlord.
After all it's only a short walk across the park from your Council Offices to St Marys?
It was in relation to action the Council should be taking against privately rented properties.
With regard to Local Housing Offices I agree the opening times are stuck in the last century.
What other organisation still closes at lunchtime? the staff obviously haven't heard of using a rota to cover lunchtimes like every other business does!
IronLady2010
says...
8:20pm Mon 11 Mar 13
The blame doesn't always stay with Landlords as the Tenants are also liable under the agreement/contract.
Rockhopper
says...
8:45pm Mon 11 Mar 13
IronLady2010 wrote:There is no more to this story.
There must be more to this story. A Landlord has responsibilities so far as regular annual maintainance of fire alarms, Gas Safety inspections etc. Other than the legal checks Landlords should allow Tenants the privacy as provided under the Tenancy agreement which is a standard agreement.
The blame doesn't always stay with Landlords as the Tenants are also liable under the agreement/contract.
All relevant information in this case was put before the Court and Mr Mohinder Singh Kenth was found guilty.
Case closed.
CHARLIE TAYLOR
says...
12:12pm Tue 12 Mar 13
IronLady2010 wrote:Agree, really nice gentleman, shame about the tenants wrecking his property and him having to pay!
Surely it's the responsibility of the Tenants to advise the Landlord of problems.
A Landlords role is to allow his/her tenants privacy and be there when things go wrong.
Why has it taken the Police to report this after a fight, what happened to the Tenants asking the Landlord to fix the issues before hand?
I actually know this Landlord and he is a kind Gentleman.
Pikey-Biker
says...
12:43pm Tue 12 Mar 13
Rockhopper wrote:Err... I think you could make that comment about any verdict in a court case
IronLady2010 wrote: There must be more to this story. A Landlord has responsibilities so far as regular annual maintainance of fire alarms, Gas Safety inspections etc. Other than the legal checks Landlords should allow Tenants the privacy as provided under the Tenancy agreement which is a standard agreement. The blame doesn't always stay with Landlords as the Tenants are also liable under the agreement/contract.There is no more to this story. All relevant information in this case was put before the Court and Mr Mohinder Singh Kenth was found guilty. Case closed.
PaddyDucks says...
11:10am Mon 11 Mar 13