[2023] UKUT 129 (LC)

This is an appeal by a local housing authority, Leicester City Council, against the decision of the First-Tier Tribunal (Property Chamber) (the FTT), to reduce a civil financial penalty imposed on Ms Nikita Morjaria for the offence of being in control of an unlicensed HMO, contrary to section 72, Housing Act 2004. The penalty of £29,817 originally imposed by the Council had been calculated by reference to its own policy. The FTT criticised that policy and declined to follow it, instead substituting a penalty of £3,900.

The FTT was satisfied that the facts constituting the offence had been proven to the required criminal standard in respect of only a single day. Thus, although it found that the property concerned was an HMO because it had been occupied by five people living in more than two households on the day on which the Council’s officers conducted an unannounced inspection and witnessed those facts, it was not prepared to reach the same conclusion in relation to any earlier time.

Although permission to appeal was given by this Tribunal on four separate grounds, the essential question is whether the FTT’s assessment of the evidence was so flawed that it must be set aside and whether a different finding of fact can be substituted.

At the hearing of the appeal the appellant was represented by Mr Justin Bates and the respondent by Mr Archie Maddan. I am grateful to them both for their assistance.