[2025] UKUT 279 (LC)

Section 249A of the Housing Act 2004 enables a local housing authority to impose a civil penalty, also known as a financial penalty, upon a person who has committed one of certain housing offences, as an alternative to prosecution. Among the offences is that of managing or being in control of a house in multiple occupation that is required to be licensed and is not, under section 72 for the 2004 Act. Schedule 13A to the 2004 Act sets out the procedure for imposing a penalty, including the service of a Notice of Intent to impose a penalty, giving an opportunity to make representations, and then a Final Notice.

Paragraph 10 of that schedule provides that there is an appeal from the imposition of a penalty to the FTT; that appeal takes the form of a re-hearing and the FTT must make its own decision rather than reviewing that of the local housing authority. That includes the amount of the financial penalty, although it must follow the local housing authority’s enforcement policy in determining the level of the penalty unless it gives reasons for not doing so.

The concept of “managing” a property is set out in section 263 of the 2004 Act:

“(3)

In this Act “person managing” means, in relation to premises, the person who, being an owner or lessee of the premises–

(a)

receives (whether directly or through an agent or trustee) rents or other payments from–

(i)

in the case of a house in multiple occupation, persons who are in occupation as tenants or licensees of parts of the premises; and

(ii)

in the case of a house to which Part 3 applies (see section 79(2))), persons who are in occupation as tenants or licensees of parts of the premises, or of the whole of the premises; or

(b)

would so receive those rents or other payments but for having entered into an arrangement (whether in pursuance of a court order or otherwise) with another person who is not an owner or lessee of the premises by virtue of which that other person receives the rents or other payments;

and includes, where those rents or other payments are received through another person as agent or trustee, that other person.”