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...
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...
Tell me a storey
London Borough of Islington v The Unite Group Plc [2013] EWHC 508 (Admin) This is an interesting appeal in relation to the counting of storeys for HMO licensing purposes. It actually repeats an argument dealt with in an appeal in a criminal prosecution of a...
Its Cold In There
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...
Plan for this!
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...
A (council) taxing matter
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...
HMOs and Council Tax
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...
HMO Planning Changes and a Consultation
The Department of Communities and Local Government has published new proposals on dealing with HMOs.
Like a blind man searching for a black hat in a dark room
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...
Emergency remedial action
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...
HMO licensing actually working?
Thanks to Tessa at landlordlaw for pointing me to this news snippet from Liverpool, in which the HMO licensing scheme is not only enforced, but the Local Authority aids the tenants, Following conviction of the landlords, Raymond Whalley, and Ray Whalley Ltd,...
Trying to avoid Council Tax liability by not being a tenant
In what might be described as an audacious, or perhaps foolhardy, appeal from the Valuation Tribunal, Mr Jackson sought to challenge his liability to pay Council Tax in Jackson v Cambridge City Council [2008] EWHC 2529 (Admin). Normally, this wouldn't...