Introduction
Introduction
This is an appeal from a decision of the First-tier Tribunal on a landlord’s appeal from civil penalties imposed by the local housing authority for offences relating to the condition of his property. It raises some interesting questions about mitigation, totality, and the principle that civil penalties for housing offences should be set at a level that ensures the landlord does not profit from his crime.
I heard the appeal in Leeds on 9 October 2023. Mr Kazi, the appellant landlord, was represented by Mr Peterken of NP Legal Service. The respondent local authority provided an unsigned skeleton argument but chose not to participate in the hearing.
- Heading
- Introduction
- The legal background
- Failure to comply with an improvement notice
- Failure to comply with HMO regulations
- Financial penalties
- The facts, and the decision in the FTT
- The appeal
- Ground 1: mitigation arising from the respondent’s approval of the premises for Mr Douglas
- Ground 2: the “final determinant” and the benefit to the landlord
- Ground 3: totality
- Discussion and conclusion
- Conclusions
![[2023] UKUT 263 (LC)](https://backend.juristeca.com/files/emisores/logo_lnJS4Uj.png)