[2023] UKUT 129 (LC)

UTLC No: LC-2022-501

Royal Courts of Justice, Strand,

London WC2A

7 June 2023

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL

(PROPERTY CHAMBER)

HOUSING – CIVIL PENALTY – HMO licensing offence – FTT reducing penalty set by local housing authority – whether evidence established only that offence had been committed on a single day – FTT decision set aside – redetermination of penalty – assessment of harm – relevance of licence fee avoided – relevance of local authority costs – s.249A and Sch 13A, Housing Act 2004

BETWEEN

LEICESTER CITY COUNCIL

Appellant

-and-

MS NIKITA MORJARIA

Respondent

Re: 100 Bluegates Road,

Leicester LE4 1AB

Martin Rodger KC, Deputy Chamber President

2 May 2023

Mr Justin Bates, instructed by Leicester City Council, for the appellant

Mr Archie Maddan, instructed directly for the respondent

© CROWN COPYRIGHT 2023

The following cases are referred to in this decision:

Haringey LBC v Ahmed [2017] EWCA Civ 1861

Marshall v Waltham Forest LBC [2020] 1 WLR 3187

Point West GR Limited v Bassi [2020] EWCA Civ 795

Sutton v Norwich City Council [2021] EWCA Civ 20

Woolmington v DPP [1935] A.C. 462