Assorted – Licensing and prior offences, RROs and section 8 Notices

A triplet of brief notes. Hussain & Ors v London Borough of Waltham Forest (HOUSING – licensing) (2019) UKUT 339 (LC) This appeal was on the issue of whether a local authority and the First Tier Tribunal could take into account previous convictions that were spent under the terms of the Rehabilitation of Offenders Act […]

Civil penalties, and appeals of appeals

AA Homes & Housing Ltd & Anor v London Borough Of Croydon (Order) [2019] UKUT B1 (LC) A bit of a curiosity, this. It is an Upper Tribunal decision on an application to for permission to adduce additional grounds of appeal to an appeal of an FTT decision on an appeal of the imposition of […]

Unlicensed HMO and date of offence

Luton Borough Council v Altavon Luton Ltd & Ors (2019) EWHC 2415 (Admin) An appeal by way of case stated from a DJ’s decision at Luton Magistrates. The sole issue was whether the informations in the case had been laid within 6 months “from the time when the offence was committed, or the matter of complaint […]

Rent Repayment Orders, limitation and award periods.

This is worth a quick note from some comments and questions I have received after this post on a Rent Repayment Order (RRO). The issue is about the meaning of the requirement that an application for an RRO is brought within 12 months of a relevant offence. In that previous post, the First Tier Tribunal […]

Banned leader

Look, look! A banning order! I don’t know if this is the first, it may well be. It is certainly the first decision I have seen. 43 Dudmaston, Telford, Shropshire TF3 2DF: BIR/00GF/HSH/2019/0001 This is the First Tier Tribunal (Property Chamber) decision on applications by the Borough of Telford and Wrekin for a banning order […]

Rent Repayment Orders – who is the landlord?

Our grateful thanks to Alasdair McClenahan of Justice for Tenants for a copy of this decision and his notes. Mrs Elanga Longane et al  v Frank Mukahanana and Wealth Harbour Consulting Ltd LON/00AH/HMG/2018/0002 (Copy of decision) This FTT decision on a rent repayment order application raises a couple of interesting issues. First, when is an […]

Sectoral Regulation Without Section 21

One of the interesting potential side effects of removing section 21 from the Private Rented Sector is the damage it might do to landlord regulation. Over time s21 has become a backdoor regulatory tool to help ensure landlord compliance. If the notice is removed altogether will this impact on regulation by removing a useful tool […]

I Hate Those MEESes to Pieces*

Introduction 1st April 2019 saw the introduction of the significantly amended Minimum Energy Efficiency Standards (MEES) for private sector landlords. These provisions have been delayed several times and fudged around a fair bit along the way. These regulations are made pursuant to powers granted by Chapter 2, Energy Act 2011. The regulations were originally made […]

Property Guardians and HMOs – guilty

For some reason that, quite frankly, escapes me, assorted ‘powers that be’ have been non-committal on whether the Housing Act 2004 provisions on HMOs, licensing etc., and also the Part 1 enforcement of conditions and HHSRS, apply to properties occupied by property guardians. Local authorities, the London Mayor’s office and even MHCLG have all been […]

Getting a policy wrong – Housing Act 2004 enforcement in Hull

Humber Landlords Association v Hull City Council (2019) EWHC 332 (Admin) (not on Baiili yet, copy of the judgment here). There are many unfortunate ways for claimants to lose a judicial review. But being told that your challenge is based on you getting the policy you are challenging wrong is up there in the ‘somewhat […]