[2025] UKUT 235 (LC)

88 Sheppey Road, Sheerness, Kent ME12 is a first floor two-bedroom flat. The appellant, Mr Banfield, holds a long lease of the flat (with 54 years remaining); in June 2019 it was let on an assured shorthold tenancy to Mr Merham Mutishev and his partner.

On 1 March 2023 one of the respondent’s housing officers visited and inspected the flat. On 10 March 2023 the respondent issued an improvement notice which identified one Category 1 hazard (excess cold: space heating not effective, and a number of broken or faulty windows) and six Category 2 hazards including damp and mould (with no extractor fan in the kitchen or bathroom), a defective lock on the front door, a shower not working properly, an intermittent hot water supply to the bath tub, a defective handrail on the stairs, electrical hazards, and fire hazards (no smoke alarm). The notice set out the work required to be done, including upgrading the heating system, wiping down mould and installing extractor fans, repairing or replacing a door and windows, repairing or renewing the shower. getting an electrical inspection and report, installing a smoke alarm and arranging for a Fire Risk Assessment. The work was to be commenced no later than 12 April 2023 and to be completed by 25 May 2023.

On 27 and 28 March 2023 the appellant emailed the respondent, and then the FTT, saying he was appealing against the notice. On 5 May 2023 the FTT replied to the appellant asking him to complete an application form. Nothing further happened in the appeal process.

The respondent carried out a further inspection in June and found that almost none of the work had been done. The housing officer had a number of conversations with the respondent. He said was that he was appealing the improvement notice; it was explained to him that his appeal was not valid. He also said that he had served a section 21 notice requiring the tenants to leave and would therefore not be doing any more of the required work; he was going to renovate the property once it was vacant and then sell it.

On 18 September 2023 the respondent issued a Notice of Intent to impose a Financial Penalty of £6,000 for failure to comply with the improvement notice. After another inspection, a final notice was sent on 14 November 2023 imposing a penalty of £4,800 because some of the work had been done, and offering a reduction to £3,600 if the penalty was paid within 21 days.

The appellant then appealed to the FTT against the financial penalty.