[2023] UKUT 263 (LC)

Leeds Employment Tribunal

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

AN APPEAL AGAINST THE FIRST-TIER TRIBUNAL

(PROPERTY CHAMBER)

HOUSING – CIVIL PENALTY – mitigation – totality - landlord having accommodated difficult tenants at the local authority’s request – local authority’s policy on mitigation – fettering of discretion – policy that landlord must not benefit from non-compliance – total penalty reduced from over £49,000 to £26,500

BETWEEN:

MR HASAN KAZI

Appellant

-and-

BRADFORD METROPOLITAN DISTRICT COUNCIL

Respondent

Re: 2 Laisteridge Lane,

Bradford,

BD7 1RD

Upper Tribunal Judge Elizabeth Cooke

9 October 2023

Decision Date: 30 October

Mr Nick Peterken of NP Legal Service for the appellant

© CROWN COPYRIGHT 2023

The following cases are referred to in this decision:

London Borough of Waltham Forest v Marshall [2020] UKUT 35 (LC)

R v Port of London Authority ex p Kynoch [1919] 1 KB 176

Sutton v Norwich City Council [2020] UKUT 90 (LC)

Sutton v Norwich City Council [2021] EWCA Civ 20

1.