You Didn’t Tell Me or How Ignorance of the Law is no Defence

Thanet DC v Grant LTL 2/11/2015 EXTEMPORE (only on Lawtel) This case deals with a small point relating to HMO licensing and prosecutions. It is only on Lawtel as an extempore judgement but is a pretty clear statement of the law. When making an HMO licensing designation there is a duty under s83 of the […]

HMO corner.

A couple of recent Upper Tribunal (Land Chamber) decisions on HMOs under licensing schemes. Urban Lettings (London) Ltd v London Borough Of Haringey [2015] UKUT 104 (LC) What does an ‘appropriate person’ ‘having control of a HMO’ mean in circumstances where not all of the property making up the HMO is demised to one landlord? […]

1, 2, 3, 4, 5, 6, 7, 10

This was a judicial review of LB Enfield’s plans for borough wide additional HMO licensing and selective licensing of all PRS properties. It did not go well for Enfield, who appear to have not quite grasped the consultation requirements. Regas, R (On the Application Of) v London Borough of Enfield [2014] EWHC 4173 (Admin) Mr […]

The UT Repays Again

Fallon v Wilson & Ors [2014] UKUT 0300 (LC) The Upper Tribunal has again found itself considering the issue of Rent Repayment Orders and has provided some further enlightenment on its position after the case of Parker v Waller (which we wrote about here). Background Mr Fallon had been convicted of operating a property without […]

When is a storey not a storey?

The answer appears to be when it is only for access! Bristol City Council v Digs (Bristol) Ltd [2014] EWHC 869 (Admin) We first reported on this case briefly as a decision of the Bristol Magistrates Court. It has now been appealed by way of case stated and so the High Court has produced a […]

Confederacy of Dunces.

I’ve been watching the slow motion catastrophe that is ‘Rent 2 Rent’ [sic] for a while, as have other NL writers. Despite the high profile collapse of the poster boy and cheerleader, Unidaplace, last autumn, owing many thousands (and the simultaneous vanishing of the boss, Daniel Burton, until tracked down by Channel 4 news), there […]

There must be some way out of here.

‘Withdrawal’ of proceedings – we’ve been here before, with Spicer v Tuli, but this time, the purported withdrawal was in an appeal of an improvement notice to the Residential Property Tribunal. The appeal to the Upper Tribunal arose out of that. Simon v Denbighshire CC [2010] UKUT 488 (LC) Denbighshire had decided that a category […]

Unappealing

Haringey LBC v Goremsandhu  [2013] EWHC 3834 (Admin) [Not on bailii yet] Ms Goremsandhu was the owner of an HMO, made up of four flats in Tottenham. Haringey had served her with improvement notices. When Ms G had failed to complete the word required within the period apparently given in the notices, Haringey prosecuted under […]

There’s no place like HMO

Shah v Croydon LBC [2013] EWHC 3657 (Admin) [Not on Bailii yet. Seen full transcript of judgment] An appeal by way of case stated from a Magistrates Court decision that a property owned by Mr Shah was an HMO and that Mr S was therefore liable for some 14 months Council Tax. And an illustration of the confusion of […]

Half a Storey is no Storey at All*

News has reached us from RH Environmental of a case in Bristol Magistrates on HMO licensing and the counting of storeys. Unfortunately it is not binding but it is nonetheless interesting. The case involves the licensing status of a two storey maisonette on the first and second floor of a property. There was accordingly (as […]