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 […]

Of HHSRS and Hiatuses

A couple of things… MHCLG have issued an “Addendum for the profile for the hazard of fire and in relation to cladding systems on high rise residential buildings” to the operating guidance to the HHSRS in relation to ACM cladding. The aim is: to provide guidance on the assessment of high-rise residential buildings with unsafe […]

Who lives in a shared home like this?

Nottingham City Council v Parr & Anor [2018] UKSC 51 It is not every day you see the Supreme Court setting HMO licence conditions, but today is that day. This was Nottingham’s appeal from the Court of Appeal (and before that, the Upper Tribunal, and the First Tier Tribunal (Property Chamber)) on the issue of […]

Assorted bits

The post on Caridon Property Ltd v Monty Shooltz (gas safety cert and s.21) now has the approved transcript of judgment attached, which may be useful for anyone arguing such cases. The section 21 validity flowchart wasn’t updated to include Caridon v Shootlz, but – making a rod for my own back – it will […]

Property guardians and ‘non-domestic rates’

This is an interesting decision of the Valuation Tribunal on the effect of the occupation by property guardians of a commercial building. Some (though not all) property guardian companies have made a sales feature of the alleged freedom from non-domestic (commercial) rates for a building occupied by guardians, on the basis that it is occupied […]

Mobile home security

In John Romans Park Homes Ltd v Hancock [2018] UKUT 249 (LC), Martin Rodger QC, Deputy President of the Upper Tribunal, made an interesting, tricky, but important distinction concerning the criteria for when a park provides security for a mobile home.  Mobile home security is dependent on whether the park is a “protected site”: Mobile Homes […]

Still more on 1 October – HMOs, storeys and rooms.

I thought we’d already covered this, but it turns out we haven’t fully. So, from 1 October 2018, the definition of a HMO subject to mandatory licensing changes, and separately there are new room size requirements. The Licensing of Houses in Multiple Occupation (Prescribed Description)(England) Order 2018 removes the requirement that a licensable HMO must […]

Service not included.

The Queen on the application of Mr Peter Gaskin v LB Richmond Upon Thames (2018) EWHC 1996 (Admin) We didn’t report round 1 of this, probably because it was so completely inconclusive, but here is round 2 and a decision that will very significant for every Local Authority landlord/letting licensing scheme. The issue was the upfront […]

There can be only one!

The MHCLG have announced a consultation ‘Strengthening consumer redress in the housing market’, which primarily about reviewing and reforming Ombudsman schemes in the housing sector, with the proposal floated for a single Ombudsman/redress scheme across the whole housing sector – social and private landlord, letting agents, tenants and buyers of new build properties. Even, it […]

Breaching licensing and proceeds of crime

(Our thanks to Spencer Turner for this guest post) Brent Council v Shah and Others, unreported 29 January 2018 (Crown Ct (Harrow)) The Proceeds of Crime Act 2002 (‘POCA’) has been successfully used by Brent Council against landlords for breach of licencing conditions. Background The Defendants were prosecuted by Brent London Borough Council for various […]