[2024] UKUT 202 (LC)

Case No: LC-2023-709

AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL (PROPERTY CHAMBER)

FTT REF: LON/OOAG/HNB/2023/0010

17 July 2024

TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007

HOUSING – FINANCIAL PENALTY – unlicensed HMO owned by spouses but let and generally managed by wife – four civil penalties imposed on each spouse for failure to license and other management offences – whether local housing authority policy correctly interpreted – totality principle – treatment of joint owners – ss. 72, 249A, 263 Housing Act 2004 – Management of Houses in Multiple Occupation (England) Regs 2006 – appeal allowed in part

BETWEEN:

AARON SHORR (1)

HYEON JEONG RO (2)

Appellants

-and-

LONDON BOROUGH OF CAMDEN

Respondent

Flat C, 105 Fordwych Road,

London NW2

Martin Rodger KC, Deputy Chamber President

9 July 2024

Mr Karol Hart of Freemans, solicitors, for the appellants

Mr David Mold, instructed by Camden Council, for the respondent

© CROWN COPYRIGHT 2024

The following cases are referred to in this decision:

Ekwezoh v LB Redbridge [2021] UKUT 180 (LC)

Gill v LB Greenwich [2022] UKUT 26 (LC)

London Borough of Waltham Forest v Marshall [2020] UKUT 35 (LC)

Sutton v Norwich City Council [2021] EWCA Civ 20

Waltham Forest London Borough Council v Hussain [2023] EWCA Civ 733