Tag Archive for 'HMO'

Its Cold In There

By David Smith on 27/04/2011. 1 Comment

Bristol City Council v Aldfrod Two LLP [2011] UKUT 130 (LC)

The Upper Tribunal (Lands Chamber) has recently ruled on the proper use of improvement notices under the HHSRS. When I say recent I should actually say a little while ago. You can blame the recent spate of good weather and a short spell of leave for the slightly reduced speed of posting on this.

Anyway, dragging my gaze back from sunny blue skies to the hard grey world of statistics, the situation concerns the use and scoring of the excess cold hazard. In this case Bristol CC had inspected a property which was heated entirely by convector heaters. Most … Read the full post

Posted in Assured Shorthold tenancy, Disrepair, FLW case note, Housing law - All and Regulation and planning. Tags: , .

Plan for this!

By David Smith on 15/04/2011. 2 Comments

R (on the application of Milton Keynes Council) v Secretary of State for Communities and Local Government (2011) QBD (Admin) (Harrison J) 11/4/2011

We have previously posted on the saga of the rise and fall of planning permission for HMO property. The story now has a new chapter.

A number of local authorities were distinctly unhappy about the relaxation of the system of HMO planning by the amendment of the General Permitted Development Order to allow change of use from the C3 to the new C4 HMO planning class without seeking permission. They were even less happy that the ability of planning authorities to give notice to withdraw the permission … Read the full post

Posted in FLW case note, Housing law - All and Regulation and planning. Tags: , .

A (council) taxing matter

By J on 02/12/2010. 1 Comment

Malik v LB Tower Hamlets [2010] EWHC 2921 (Admin)

And so, another council tax/HMO appeal finds its way to the High Court. For those of you wondering why you’ve suddenly seen more of these in the last year or so, there are two answers:

(a) a suddent and unexpected bout of efficiency has hit local authorities across England;

(b) local authorities are fed up with people who rent property leaving and owing council tax, and, rather than enforce liability promptly, have decided to try and categorise the property as an HMO and thus impose liability for council tax on the owner.

I can’t comment on which one I prefer. Anyway, … Read the full post

Posted in Housing law - All. Tags: , .

HMOs and Council Tax

By David Smith on 30/07/2010. 5 Comments

Goremsandu, R (on the application of) v London Borough of Harrow [2010] EWHC 1873 (Admin)

As many of you will know the definition of an HMO for the purposes of Council Tax is totally different from that used in the Housing Act 2004 (and in relation to planning uses classes). It is, however, an important definition because where a property is an HMO the Council Tax (Liability for Owners) Regulations 1992 require that the owner is the person who has the primary liability to pay the Council Tax, even if they then pass on that charge to the tenants.

In this case G owned a property with a conservatory which … Read the full post

Posted in Assured Shorthold tenancy, FLW case note, Housing law - All and Regulation and planning. Tags: , , .

HMO Planning Changes and a Consultation

By David Smith on 29/01/2010. 2 Comments

The Department of Communities and Local Government yesterday published a response on their website to a consultation on planning responses to HMOs which was launched back in May 2009.

Briefly, there is concern that certain areas, principally where there are a lot of students are becoming dominated by HMOs. The current powers to control HMOs under Part 2 of the Housing Act 2004 provide limited scope for dealing with this at is not permissible to refuse a licence for an HMO on the basis that there are too many HMOs in the immediate area. The original consultation proposed a number of ways to resolve this issue, centering around an alteration … Read the full post

Posted in FLW article and Regulation and planning. Tags: , .

Like a blind man searching for a black hat in a dark room

By J on 08/07/2009. 8 Comments

Heffernan v LB Hackney [2009] EWCA Civ 655 is a timely reminder of the importance of having evidence to substantiate a claim for damages.

Mr Heffernan was the freehold owner of 16 Penhurst Road, London, E9 (“the property”). The property was converted into two flats, the upper flat being let on a tenancy protected under the Rent Act 1977 and the lower flat being vacant. Mr Heffernan was in dispute with the tenant of the upper flat and, as a result, had not been receiving payments of rent from the tenant, with the alleged result that various repairs were falling due.

In September 1996, LB Hackney served four notices on … Read the full post

Posted in Disrepair, FLW case note and Housing law - All. Tags: , , , , .

Emergency remedial action

By Francis Davey on 05/05/2009. 0 Comments

In Luton Borough Council v Universal Group we have the first (and almost certainly last) decision of the Lands Tribunal under the Housing Act 2004 on appeal from a Residential Property Tribunal (or RPT).

15-17 Chapel Street, Luton is (or was) consisted of a night club on the ground floor and 11 storeys of 13 residential flats rising above it. The electricity and water supply to the building had been cut off by the landlord (according to their evidence because there had been a major water leak in the building). The local fire service had also expressed some concern — according to the landlord because the fire alarm for the … Read the full post

Posted in Assured Shorthold tenancy, Disrepair, FLW case note, Housing law - All and Unlawful eviction and harassment. Tags: , , , , , .
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