Conclusions
Disposal
For the reasons I have given I allow the appeal against the quantum of the penalty set by the FTT. The penalty I impose is one of £18,000, which I consider to be at the top end of the range of penalties appropriate for a licensing offence. It reflects Ms Morjaria’s high degree of culpability and other serious aggravating factors together with evidence of real harm to tenants over a protracted period which would have been avoided if she had complied with her obligation.
Martin Rodger KC
Deputy Chamber President
7 June 2023
Right of appeal
Any party has a right of appeal to the Court of Appeal on any point of law arising from this decision. The right of appeal may be exercised only with permission. An application for permission to appeal to the Court of Appeal must be sent or delivered to the Tribunal so that it is received within 1 month after the date on which this decision is sent to the parties (unless an application for costs is made within 14 days of the decision being sent to the parties, in which case an application for permission to appeal must be made within 1 month of the date on which the Tribunal’s decision on costs is sent to the parties). An application for permission to appeal must identify the decision of the Tribunal to which it relates, identify the alleged error or errors of law in the decision, and state the result the party making the application is seeking. If the Tribunal refuses permission to appeal a further application may then be made to the Court of Appeal for permission.
- Heading
- Introduction
- Background
- The Council’s investigation
- The penalty
- The evidence
- The FTT’s decision
- The appeal
- Ground 1: The period of the offence
- Ground 2 - Failure to give appropriate weight to the Council’s policy
- Ground 3 – Should the Council’s costs of investigating the offence be added to the penalty?
- The appropriate penalty
- Conclusions
![[2023] UKUT 129 (LC)](https://backend.juristeca.com/files/emisores/logo_lnJS4Uj.png)