[2024] UKUT 202 (LC)

This appeal is mainly concerned with the proper application of the totality principle to the imposition of financial penalties for multiple offences under section 249A, Housing Act 2004 (the 2004 Act). It also raises a question about the treatment of joint owners (in this case, a married couple) both of whom are found to have committed relevant housing offences, but only one of whom was responsible for the letting and management of the property to which the offences related.

The appeal arises out of eight separate financial penalty notices imposed by Camden Council (the Council), on the appellants, Mr Shorr and Ms Ro, on 15 February 2023, in respect of their management of a four bedroom flat at 105 Fordwych Road, London NW2. The penalties totalled £27,000, with four totalling £13,500 being imposed on each appellant. Following an appeal to the First-tier Tribunal, Property Chamber (the FTT) the penalties imposed on Mr Shorr were reduced to £8,000, and those imposed on Ms Ro were reduced to £13,000. With the permission of this Tribunal Mr Shorr and Ms Ro now appeal against the FTT’s decision.

At the hearing of the appeal MrKarol Hart of Freemans, solicitors, represented the appellants and Mr David Mold, instructed by the Council’s legal department, represented the Council.