Automated Summary
Key Facts
The tribunal allowed the appeal against the London Borough of Lewisham's HMO Declaration (Case LON/00AZ/HMD/2019/0006) for 22 Honley Road, London SE6 2HZ. The council had agreed to withdraw the declaration but failed to formally revoke it as required by law. The tribunal reversed the council's decision, revoked the HMO Declaration, and ordered the council to refund £300 in tribunal fees to the applicant, Iolanda Maria Chirico, within 21 days.
Issues
- The tribunal assessed the council's obligation to revoke the HMO Declaration and the applicant's right to a fee refund under rule 13(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, concluding the council should have conceded the appeal earlier in the proceedings.
- The tribunal determined whether the council's decision to issue an HMO Declaration under section 255 of the Housing Act 2004 was valid, given the council's subsequent agreement to withdraw the declaration but failure to revoke it as required by section 256. The court also addressed whether the applicant was entitled to a refund of tribunal fees (£300) paid in respect of the appeal, considering the council's delayed action in withdrawing the notice.
Holdings
- The tribunal allows the appeal, reverses the council's decision, and revokes the HMO Declaration under section 255(11) of the Housing Act 2004 because the council agreed to withdraw the declaration but failed to revoke it as required by section 256.
- The council is ordered to refund £300 in tribunal fees to the applicant within 21 days, as the council should have conceded the appeal earlier in the proceedings.
- The HMO Declaration is revoked as the council agreed to withdraw it but did not formally revoke the notice as required by law.
Remedies
- The council is ordered to reimburse £300 fees paid by the applicant within 21 days, as the appeal should have been conceded earlier.
- The tribunal revokes the HMO Declaration pursuant to section 255(11) of the Housing Act 2004.
- The tribunal allows the appeal, reverses the council's decision, revokes the HMO Declaration, and orders the council to refund £300 within 21 days.
Monetary Damages
300.00
Legal Principles
The tribunal applied section 255(11) of the Housing Act 2004 to revoke the HMO Declaration after the council failed to revoke the notice under section 256. Rule 13(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 was also invoked to order the council to refund £300 in tribunal fees.
Cited Statute
- Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
- Housing Act 2004
Judge Name
- Judge Robert Latham
- Sue Coughlin MCIEH
Passage Text
- In the light of the above decisions, it appears reasonable to us to order the council to reimburse the £300 fees paid by the applicant... the council should have conceded the appeal at an earlier stage of the proceedings.
- the tribunal determines that: (i) the appeal is allowed and that the decision of the council is reversed; (ii) the HMO Declaration is revoked; and (iii) the council shall within 21 days refund £300 to the applicant for the tribunal fees paid in respect of the appeal.
- The council has agreed to withdraw the HMO Declaration. However, the council has not revoked the notice as required section 256 of the Act. The Tribunal therefore (i) allows the appeal; (ii) reverses the decision of the council; and (iii) revokes the HMO Declaration pursuant to section 255(11) of the Act.