[2023] UKUT 292 (LC)

Case No: LC-2023-566

ON APPEAL FROM THE FIRST-TIER TRIBUNAL (PROPERTY CHAMBER)

FTT Ref: CH1/18UH/HNA/2022/0025

Royal Courts of Justice

15 December 2023

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

HOUSING – CIVIL PENALTY – financial penalty imposed on freeholder of building divided into three flats let on long leases – failure to comply with improvement notice requiring repair of fire alarm in one of the flats and failure to keep communal means of escape clear of obstructions – leaseholder refusing access and restoring obstructions – whether defence of reasonable excuse properly considered – additional penalty for previous good behaviour –consideration of respondent’s policy – ss.30(4), 249A, Housing Act 2004 – appeal allowed

BETWEEN:

PARK GREEN INVESTMENTS LIMITED

Appellant

-and-

TEIGNBRIDGE DISTRICT COUNCIL

Respondent

27 Fore Street,

Teignmouth,

Devon TQ14 8DZ

Martin Rodger KC, Deputy Chamber President

5 December 2023

Stephen Thompson, company director, for the appellant

Jonathan Ward, instructed by Teignbridge District Council, for the respondent

© CROWN COPYRIGHT 2023

The following cases are referred to in this decision:

I R Management Services Ltd v Salford City Council [2020] UKUT 81 (LC)

Kazi v Bradford Metropolitan District Council [2023] UKUT 263 (LC)

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

R (Alvi) v Secretary of State for the Home Department [2012] UKSC 33

Sutton v Norwich City Council [2021] EWCA Civ 20