[2024] UKUT 93 (LC)

I reproduce the facts as found by the FTT, supplemented by points from the skeleton arguments which I believe are not in dispute.

Mrs Tabassam has lived at 19 Kedlestone Avenue, Manchester M14 since 2014; before that she lived 75 Barlow Road. She owns 58 Ollier Avenue, and lets it to tenants; it is not a house in multiple occupation and it does not require to be licensed by the local housing authority.

In March 2019 the tenant of 58 Ollier Avenue complained to the respondent about disrepair. The respondent checked its council tax records which showed the owner to be Mrs Tabassam of 75 Barlow Road, and checked at HM Land Registry which showed the address for service for 58 Ollier Avenue to be 58 Ollier Avenue. The respondent then sent to those two addresses:

Mrs Tabassam did not respond to any of those communications, and the FTT accepted her evidence that she did not receive them. The tenant, despite having complained about the disrepair, did not pass them on to the landlord. And she no longer lived at 75 Barlow Road.

In March 2020 the tenant left 58 Ollier Avenue and Mrs Tabassam (still unaware of the Improvement Notice) re-furbished the house; her evidence to the FTT was that the tenant damaged the property and would not give her access to carry out repairs.

In July 2020 the respondent sent to Mrs Tabassam at 19 Kedlestone Avenue a final reminder for the overdue payment of the penalty of £22,500. I think it is not in dispute, although there was no formal finding to this effect in the FTT, that the respondent found the correct address in its council tax records because Mrs Tabassam pays council tax for 19 Kedlestone Avenue.

Mrs Tabassam’s evidence was that she contacted the respondent immediately, and then received copies of the Improvement Notice and of the Final Notice of Financial Penalty in September 2019.

Mrs Tabassam appealed to the FTT the Financial Penalty, rather than the Improvement Notice itself. She was unrepresented in the FTT.