[2024] UKUT 348 (LC)

Before the FTT the appellant did not dispute that the property required a licence under the additional licensing scheme while the respondents were in occupation. But he said he had a reasonable excuse. The FTT recorded his evidence as follows:

“7.

The respondent asserted he had applied for an additional licence and his application had not been properly processed by the local authority. Specifically the respondent asserted he had created general profile on the LBTH website and had then gone on to complete an application for an additional licence for the subject property. However, because he wanted to be sure he had all the information the local authority might require before granting a licence and did not want to run the risk of forfeiting any fee he was required to pay before a decision was made on his application, he did not submit the application. The respondent told the tribunal he had expected to be able to return to the application but found it had ‘disappeared’ when he had gone back to it.

8.

Subsequently, the respondent applied for an additional licence on 14/01/2023.”

The FTT found as follows:

“11.

The tribunal finds the respondent did not submit an application for licence as he stated in his witness statement:

‘At some point around late June/July 2021, I contacted the council Environmental Health number and asked to speak to an Additional Licensing officer whom(sic) could go through the applications online with myself before I pay for them. I informed the officer that I was anxious with one particular condition under the terms and conditions found on the portal – It stipulated that the council could reject application and not refund any payment if any missing document is found to have been missed out from the application. I did not want to make avoidable mistakes on each of the 4 applications and wasting the fees.’

12.

The tribunal finds the respondent chose not to run the risk of losing the licence application fee in case he was not granted a licence. The tribunal finds the respondent was at all times, aware of the steps required to make an application and is someone who by his own admission is computer and financially literate and was not misled either by the online application or by an unnamed local authority. The tribunal finds the respondent did not submit his application for an additional licence until 14/01/2023.

13.

Therefore, the tribunal finds the respondent’s defence of ‘reasonable excuse’ as not made out on the balance of probabilities. The applicants have proved, so the tribunal is sure the respondent has committed the offence of having the control and management of a property that was required to be licensed but was not so licensed.”

The FTT then went on to consider the amount of the rent repayment order to be made in light of the provisions of the Housing and Planning Act 2016 and ordered the appellant to repay: